80_FR_34951 80 FR 34834 - Delegations of Authority: Office of Regulation Policy and Management (ORPM)

80 FR 34834 - Delegations of Authority: Office of Regulation Policy and Management (ORPM)

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 117 (June 18, 2015)

Page Range34834-34835
FR Document2015-14959

The Department of Veterans Affairs is amending its regulations delegating rulemaking authority within the Office of the General Counsel. The amendments reflect current management structure and titles.

Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015)
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Rules and Regulations]
[Pages 34834-34835]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14959]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 2

RIN 2900-AP47


Delegations of Authority: Office of Regulation Policy and 
Management (ORPM)

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs is amending its regulations 
delegating rulemaking authority within the Office of the General 
Counsel. The amendments reflect current management structure and 
titles.

DATES: Effective Date: June 18, 2015.

FOR FURTHER INFORMATION CONTACT: William F. Russo, Acting Director, 
Office of Regulation Policy and Management, Office of the General 
Counsel, U.S. Department of Veterans Affairs, 810 Vermont Avenue NW., 
Washington, DC 20420, telephone (202) 461-4902. (This is not a toll-
free number.)

SUPPLEMENTARY INFORMATION: In 2014, the Department of Veterans Affairs 
(VA) Office of the General Counsel was restructured, which included 
changes in the titles of certain officials involved in VA's rulemaking 
process. Specifically, matters previously handled by the single Deputy 
General Counsel are now handled by a Principal Deputy General Counsel 
and two Deputy General Counsels. This final rule amends 38 CFR 
2.6(e)(1) to reflect current management structure and titles.

Administrative Procedure Act

    This document's publication as a final rule is pursuant to 5 U.S.C. 
553(b)(A), which exempts matters pertaining to agency organization, 
procedure and practice from notice and public comment requirements. 
Also, because this notice concerns only such matters, VA finds pursuant 
to 5 U.S.C. 553(d)(3) good cause in this case to dispense with the 
delayed effective date requirement.

Executive Order 12866

    Under the exemption in section 3(d)(3) of Executive Order 12866 for 
regulations limited to agency organization, management, or personnel 
matters, this document is not subject to the Executive Order's review 
requirements.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act of 1995

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Regulatory Flexibility Act

    The initial and final regulatory flexibility analysis requirements 
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 
601-612, are not applicable to this rule, because a notice of proposed 
rulemaking is not required for this rule. Even so, the Secretary hereby 
certifies that this regulatory amendment will not have a significant 
economic impact on a substantial number of small entities as they are 
defined in the Regulatory Flexibility Act. This amendment will not 
directly affect any small entities. Therefore, this amendment is also 
exempt pursuant to 5 U.S.C. 605(b), from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

    There are no Catalog of Federal Domestic Assistance program numbers 
for this rule.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs.

[[Page 34835]]

Robert L. Nabors II, Chief of Staff, approved this document on June 12, 
2015, for publication.

List of Subjects in 38 CFR Part 2

    Authority delegations (Government agencies).

    Dated: June 12, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy & Management, Office of 
the General Counsel.

    For the reasons set out in the preamble, 38 CFR part 2 is amended 
as follows:

PART 2--DELEGATIONS OF AUTHORITY

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  5 U.S.C. 302, 552a; 38 U.S.C. 501, 512, 515, 1729, 
1729A, 5711; 44 U.S.C. 3702, and as noted in specific sections.


Sec.  2.6  [Amended]

0
2. Amend Sec.  2.6(e)(1) by removing ``Deputy General Counsel, and 
Director for Regulation Policy and Management'' and adding in its place 
``the Principal Deputy General Counsel, the Deputy General Counsel, 
Central Office, and the Director of the Office of Regulation Policy and 
Management''.

[FR Doc. 2015-14959 Filed 6-17-15; 8:45 am]
 BILLING CODE 8320-01-P



                                            34834              Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations

                                            Type the docket number in the                           Mariners so that vessels can arrange                   comment requirements. Also, because
                                            ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                    their transits to minimize any impact                  this notice concerns only such matters,
                                            Click on Open Docket Folder on the line                 caused by the temporary deviation.                     VA finds pursuant to 5 U.S.C. 553(d)(3)
                                            associated with this deviation. You may                    In accordance with 33 CFR 117.35(e),                good cause in this case to dispense with
                                            also visit the Docket Management                        the drawbridge must return to its regular              the delayed effective date requirement.
                                            Facility in Room W12–140 on the                         operating schedule immediately at the
                                                                                                                                                           Executive Order 12866
                                            ground floor of the Department of                       end of the effective period of this
                                            Transportation West Building, 1200                      temporary deviation. This deviation                      Under the exemption in section
                                            New Jersey Avenue SE., Washington,                      from the operating regulations is                      3(d)(3) of Executive Order 12866 for
                                            DC 20590, between 9 a.m. and 5 p.m.,                    authorized under 33 CFR 117.35.                        regulations limited to agency
                                            Monday through Friday, except Federal                     Dated: June 11, 2015.
                                                                                                                                                           organization, management, or personnel
                                            holidays.                                                                                                      matters, this document is not subject to
                                                                                                    Steven M. Fischer,
                                            FOR FURTHER INFORMATION CONTACT: If                                                                            the Executive Order’s review
                                                                                                    Bridge Administrator, Thirteenth Coast Guard           requirements.
                                            you have questions on this temporary                    District.
                                            deviation, call or email Steven Fischer,                [FR Doc. 2015–14882 Filed 6–17–15; 8:45 am]            Unfunded Mandates
                                            Thirteenth Coast Guard District Bridge
                                            Program Administrator; telephone 206–
                                                                                                    BILLING CODE 9110–04–P                                    The Unfunded Mandates Reform Act
                                            220–7282, Steven.M.Fischer3@uscg.mil.                                                                          of 1995 requires, at 2 U.S.C. 1532, that
                                            If you have questions on viewing the                                                                           agencies prepare an assessment of
                                            docket, call Cheryl Collins, Program                    DEPARTMENT OF VETERANS                                 anticipated costs and benefits before
                                            Manager, Docket Operations, telephone                   AFFAIRS                                                issuing any rule that may result in
                                            202–366–9826.                                                                                                  expenditure by State, local, and tribal
                                                                                                    38 CFR Part 2                                          governments, in the aggregate, or by the
                                            SUPPLEMENTARY INFORMATION: The Coast
                                                                                                                                                           private sector, of $100 million or more
                                            Guard has been requested to issue this                  RIN 2900–AP47
                                                                                                                                                           (adjusted annually for inflation) in any
                                            bridge deviation to allow BNSF to                                                                              one year. This rule will have no such
                                            implement noise reduction operations                    Delegations of Authority: Office of
                                                                                                    Regulation Policy and Management                       effect on State, local, and tribal
                                            near the Chambers Bay Golf Course                                                                              governments, or on the private sector.
                                            during the 2015 U.S. Golf Association                   (ORPM)
                                            Championship being held there. This                     AGENCY:  Department of Veterans Affairs.               Paperwork Reduction Act of 1995
                                            deviation allows the BNSF Chambers                                                                               This document contains no provisions
                                                                                                    ACTION: Final rule.
                                            Creek Railway Bridge to open only upon                                                                         constituting a collection of information
                                            1 hour notice from 7 a.m. to 4 p.m. on                  SUMMARY:    The Department of Veterans                 under the Paperwork Reduction Act of
                                            June 14, 2015 and 7 a.m. to 5 p.m. each                 Affairs is amending its regulations                    1995 (44 U.S.C. 3501–3521).
                                            day from June 15, 2015 to June 22, 2015.                delegating rulemaking authority within
                                            At all other times the bridge will open                 the Office of the General Counsel. The                 Regulatory Flexibility Act
                                            on signal in accordance with its normal                 amendments reflect current                                The initial and final regulatory
                                            operating regulation. Doing so will                     management structure and titles.                       flexibility analysis requirements of
                                            minimize the number of trains required                  DATES: Effective Date: June 18, 2015.                  sections 603 and 604 of the Regulatory
                                            to idle while awaiting bridge openings.                                                                        Flexibility Act, 5 U.S.C. 601–612, are
                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                               The BNSF Chambers Creek Railway                                                                             not applicable to this rule, because a
                                            Bridge across Chambers Creek, mile 0.0,                 William F. Russo, Acting Director,
                                                                                                    Office of Regulation Policy and                        notice of proposed rulemaking is not
                                            near Steilacoom, Washington provides                                                                           required for this rule. Even so, the
                                            50 feet of vertical clearance in the raised             Management, Office of the General
                                                                                                    Counsel, U.S. Department of Veterans                   Secretary hereby certifies that this
                                            position, 10 feet of vertical clearance in                                                                     regulatory amendment will not have a
                                            the closed position and 80 feet of                      Affairs, 810 Vermont Avenue NW.,
                                                                                                    Washington, DC 20420, telephone (202)                  significant economic impact on a
                                            horizontal clearance. Reference plan is                                                                        substantial number of small entities as
                                            mean high water elevation of 12.2 feet.                 461–4902. (This is not a toll-free
                                                                                                    number.)                                               they are defined in the Regulatory
                                            The normal operation schedule falls                                                                            Flexibility Act. This amendment will
                                            under 33 CFR 117.5.                                     SUPPLEMENTARY INFORMATION:        In 2014,             not directly affect any small entities.
                                               This deviation is effective from 7 a.m.              the Department of Veterans Affairs (VA)                Therefore, this amendment is also
                                            on June 14, 2015 to 5 p.m. on June 22,                  Office of the General Counsel was                      exempt pursuant to 5 U.S.C. 605(b),
                                            2015. The deviation allows the bridge to                restructured, which included changes in                from the initial and final regulatory
                                            open only upon 1 hour notice from 7                     the titles of certain officials involved in            flexibility analysis requirements of
                                            a.m. to 4 p.m. on June 14, 2015 and 7                   VA’s rulemaking process. Specifically,                 sections 603 and 604.
                                            a.m. to 5 p.m. each day from June 15,                   matters previously handled by the
                                            2015 to June 22, 2015. At all other times               single Deputy General Counsel are now                  Catalog of Federal Domestic Assistance
                                            the bridge will open on signal in                       handled by a Principal Deputy General                    There are no Catalog of Federal
                                            accordance with its normal operating                    Counsel and two Deputy General                         Domestic Assistance program numbers
                                            regulation.                                             Counsels. This final rule amends 38                    for this rule.
                                               Vessels able to pass through the                     CFR 2.6(e)(1) to reflect current
                                            bridge in the closed positions may do so                                                                       Signing Authority
                                                                                                    management structure and titles.
                                            at anytime. The bridge will be able to                                                                           The Secretary of Veterans Affairs, or
tkelley on DSK3SPTVN1PROD with RULES




                                            open for emergencies and there is no                    Administrative Procedure Act                           designee, approved this document and
                                            immediate alternate route for vessels to                  This document’s publication as a final               authorized the undersigned to sign and
                                            pass. The Coast Guard will also inform                  rule is pursuant to 5 U.S.C. 553(b)(A),                submit the document to the Office of the
                                            the users of the waterway of the change                 which exempts matters pertaining to                    Federal Register for publication
                                            in operating schedule for the bridge                    agency organization, procedure and                     electronically as an official document of
                                            through Local and Broadcast Notices to                  practice from notice and public                        the Department of Veterans Affairs.


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                                                               Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations                                         34835

                                            Robert L. Nabors II, Chief of Staff,                    the http://www.regulations.gov Web                     authority to sign the proposal and direct
                                            approved this document on June 12,                      site. Although listed in the index, some               final action on the SIP revisions. On
                                            2015, for publication.                                  information is not publicly available,                 January 28, 2015, the day that the
                                                                                                    e.g., Confidential Business Information                proposal and direct final action were
                                            List of Subjects in 38 CFR Part 2
                                                                                                    or other information whose disclosure is               signed, Sam Coleman was acting in the
                                              Authority delegations (Government                     restricted by statute. Certain other                   capacity of the Regional Administrator
                                            agencies).                                              material, such as copyrighted material,                for Ron Curry, who was absent from
                                              Dated: June 12, 2015.                                 is not placed on the Internet and will be              Region 6 at the time. The following
                                            William F. Russo,                                       publicly available only in hard copy                   language is listed in the Region 6
                                            Acting Director, Office of Regulation Policy            form. Publicly available docket                        Deputy Regional Administrator’s
                                            & Management, Office of the General Counsel.            materials are available either                         position description ‘‘In the absence of
                                                                                                    electronically through http://                         the Regional Administrator, the Deputy
                                              For the reasons set out in the                                                                               Regional Administrator will perform the
                                                                                                    www.regulations.gov or in hard copy at
                                            preamble, 38 CFR part 2 is amended as                                                                          duties of the Regional Administrator.’’
                                                                                                    EPA Region 6, 1445 Ross Avenue, Suite
                                            follows:                                                                                                       Further, EPA Region 6 Order 1110.11
                                                                                                    700, Dallas, Texas 75202–2733.
                                                                                                    FOR FURTHER INFORMATION CONTACT:                       establishes a line of succession to
                                            PART 2—DELEGATIONS OF
                                                                                                    Jeffrey Riley (6PD–L), telephone: (214)                perform the duties of the Regional
                                            AUTHORITY
                                                                                                    665–8542, email: riley.jeffrey@epa.gov.                Administrator should the Regional
                                            ■ 1. The authority citation for part 2                                                                         Administrator be absent from the office.
                                                                                                    SUPPLEMENTARY INFORMATION:
                                            continues to read as follows:                                                                                  The Deputy Regional Administrator is
                                                                                                    I. Background                                          the first person listed on that line of
                                              Authority: 5 U.S.C. 302, 552a; 38 U.S.C.
                                                                                                                                                           succession. Copies of the two
                                            501, 512, 515, 1729, 1729A, 5711; 44 U.S.C.               The background for this action is
                                            3702, and as noted in specific sections.                                                                       documents are included in the docket
                                                                                                    discussed in detail in our February 10,
                                                                                                                                                           for this rulemaking. Finally, the heads
                                                                                                    2015 direct final rule and proposal (80
                                            § 2.6   [Amended]                                                                                              of administrative agencies are statutorily
                                                                                                    FR 7341). The rule and proposal stated                 vested with the authority to delegate
                                            ■  2. Amend § 2.6(e)(1) by removing                     that if any relevant adverse comments
                                            ‘‘Deputy General Counsel, and Director                                                                         authorities to subordinate officials, 5
                                                                                                    were received by the end of the public                 U.S.C. 302. Federal Courts have held
                                            for Regulation Policy and Management’’                  comment period, the direct final rule
                                            and adding in its place ‘‘the Principal                                                                        that rules, including internal
                                                                                                    would be withdrawn and we would                        delegations and appointments of
                                            Deputy General Counsel, the Deputy                      respond to the comments in a
                                            General Counsel, Central Office, and the                                                                       authority are effective regardless of
                                                                                                    subsequent final action. A relevant                    publication in the Federal Register or
                                            Director of the Office of Regulation                    adverse comment was received during
                                            Policy and Management’’.                                                                                       the Code of Federal Regulations.
                                                                                                    the comment period, and the direct final                  The comment only challenged the
                                            [FR Doc. 2015–14959 Filed 6–17–15; 8:45 am]             rule was withdrawn on April 8, 2015                    Deputy Regional Administrator’s
                                            BILLING CODE 8320–01–P                                  (80 FR 19020). Our proposal provides                   authority to sign the Direct Final Action.
                                                                                                    the basis for this final action. These                 EPA received no other comments or
                                                                                                    revisions amend the transportation                     challenges as to the substance of the
                                            ENVIRONMENTAL PROTECTION                                conformity SIP provisions and remove                   proposal or direct final. Therefore, we
                                            AGENCY                                                  the general conformity provisions from                 are finalizing our action to approve
                                                                                                    the SIP, as allowed by the Act’s 2005                  these SIP amendments.
                                            40 CFR Part 52                                          amendments. These revisions also
                                                                                                    address interagency consultation and                   III. Final Action
                                            [EPA–R06–OAR–2011–0938; FRL–9928–79–
                                            Region 6]                                               enforceability of certain transportation-                 Pursuant to sections 110 and 176 of
                                                                                                    related control measures and mitigation                the Act, EPA is approving three
                                            Approval and Promulgation of Air                        measures.                                              revisions to the New Mexico SIP that
                                            Quality Implementation Plans; New                         We received one comment on the                       were submitted on October 28, 2011,
                                            Mexico; Transportation Conformity                       direct final rule by one commenter,                    November 1, 2013, and August 8, 2014.
                                            and Conformity of General Federal                       Sierra Club. The comment and our                       We evaluated the state’s submittals and
                                            Actions                                                 response to the comment is below.                      determined that they meet the
                                                                                                    II. Response to Comments                               applicable requirements of the CAA
                                            AGENCY:  Environmental Protection                                                                              sections 110 and 176 and applicable
                                            Agency (EPA).                                             Comment: ‘‘Acting regional                           EPA guidance. In accordance with CAA
                                            ACTION: Final rule.                                     administrator Sam Coleman cannot sign                  section 110(l), these revisions will not
                                                                                                    approvals, disapprovals, or any                        interfere with attainment of the NAAQS,
                                            SUMMARY:   Under the Federal Clean Air
                                                                                                    combination of approvals or                            reasonable further progress, or any other
                                            Act (Act), the Environmental Protection
                                                                                                    disapproval, in whole or in part, due to               applicable requirement of the CAA.
                                            Agency (EPA) is approving revisions to
                                                                                                    the fact that agency actions on state
                                            the New Mexico State Implementation                                                                            IV. Incorporation by Reference
                                                                                                    implementation plans are required to be
                                            Plan (SIP). These revisions update the
                                                                                                    signed by the regional administrator,                    In this rule, we are finalizing
                                            transportation conformity rules and
                                                                                                    Ron Curry, not the current deputy                      regulatory text that includes
                                            remove the general conformity
                                                                                                    regional administrator as stated in the                incorporation by reference. In
                                            provisions.
                                                                                                    agency’s delegations manual. The                       accordance with the requirements of 1
tkelley on DSK3SPTVN1PROD with RULES




                                            DATES: This rule is effective on July 20,               manual specifically states that SIP                    CFR 51.5, we are finalizing the
                                            2015.                                                   actions can’t be redelegated from the                  incorporation by reference of the
                                            ADDRESSES: EPA has established a                        regional administrator.’’                              revisions to the New Mexico regulations
                                            docket for this action under Docket ID                    Response: As the Acting Regional                     as described in the Final Action section
                                            No. EPA–R06–OAR–2011–0938. All                          Administrator, Deputy Regional                         above. We have made, and will continue
                                            documents in the docket are listed on                   Administrator Sam Coleman had                          to make, these documents generally


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Document Created: 2018-02-22 11:11:57
Document Modified: 2018-02-22 11:11:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective Date: June 18, 2015.
ContactWilliam F. Russo, Acting Director, Office of Regulation Policy and Management, Office of the General Counsel, U.S. Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, telephone (202) 461-4902. (This is not a toll- free number.)
FR Citation80 FR 34834 
RIN Number2900-AP47

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