81 FR 10508 - Continuous Emission Monitoring

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range		10508-10508
FR Document		2016-04437

Federal Register, Volume 81 Issue 40 (Tuesday, March 1, 2016)

[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Page 10508]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04437]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 75


Continuous Emission Monitoring

CFR Correction

    In Title 40 of the Code of Federal Regulations, Parts 72 to 80, 
revised as of July 1, 2015, on page 365, in Appendix A to Part 75, the 
first heading ``2.1.3. CO2 and O2 Monitors'' and 
the text following it are removed.
[FR Doc. 2016-04437 Filed 2-29-16; 8:45 am]
 BILLING CODE 1505-01-D

10508 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations

(1) The eligible person’s basis for CO2 and O2 Monitors’’ and the text I. Executive Summary
eligibility. Enrolled veterans will following it are removed. Title IV of the Howard Coble Coast
receive first priority, followed in order [FR Doc. 2016–04437 Filed 2–29–16; 8:45 am]
Guard and Maritime Transportation Act
by non-enrolled veterans; BILLING CODE 1505–01–D
of 2014, Public Law 113–281 (Coble
servicemembers; Family Caregivers; Act), enacted on December 18, 2014,
persons receiving counseling, training, amended the Shipping Act of 1984 and
or mental health services under 38 FEDERAL MARITIME COMMISSION the statutory provisions governing the
U.S.C. 1782 and 38 CFR 71.50; CITI general organization of the Commission.
beneficiaries; and guests. Persons 46 CFR Parts 501 and 502
Specifically, section 402 of the Coble
eligible under more than one [Docket No. 15–06] Act amended the statutory provision
designation will be considered in the governing the award of attorney fees,
highest priority category for which that RIN 3072–AC61
which may now be awarded to any
trip permits. VA will provide prevailing party in a complaint
transportation to any attendant Organization and Functions; Rules of
Practice and Procedure; Attorney Fees proceeding. See 46 U.S.C. 41305(e).
accompanying a veteran or Section 403 of the Coble Act established
servicemember who is approved for AGENCY: Federal Maritime Commission. term limits for future Commissioners,
transportation. ACTION: Final rule. limited the amount of time that future
(2) First in time request. Commissioners will be permitted to
(3) An eligible person’s clinical need. SUMMARY: The Federal Maritime serve beyond the end of their terms, and
(4) An eligible person’s inability to Commission amends its Rules of established conflict-of-interest
transport him or herself (e.g., visual Practice and Procedure governing the restrictions for current and future
impairment, immobility, etc.). award of attorney fees in Shipping Act Commissioners. See 46 U.S.C. 301(b).
(5) An eligible person’s eligibility for complaint proceedings, and its In response to these statutory
other transportation services or benefits. regulations related to Commissioner amendments, the Commission
(6) The availability of other terms and vacancies. The regulatory published a Notice of Proposed
transportation services (e.g., common changes implement statutory Rulemaking (NPRM) on July 2, 2015. 80
carriers, veterans’ service organizations, amendments made by the Howard Coble FR 38153. Specifically, the Commission
etc.). Coast Guard and Maritime proposed to amend affected regulations
(7) The VA facility’s ability to Transportation Act of 2014. to conform the regulatory language to
maximize the use of available resources. DATES: This final rule is effective: March the revised statutory text.1 In addition,
(The Office of Management and 1, 2016. the Commission sought comment on an
Budget has approved the information FOR FURTHER INFORMATION CONTACT: appropriate framework for determining
collection requirements in this section Karen V. Gregory, Secretary, Federal attorney fee awards under the amended
under control number 2900–0838.) Maritime Commission, 800 North fee-shifting provision. The Commission
(Authority: 38 U.S.C. 111A, 501) Capitol Street NW., Washington, DC offered to provide additional guidance
[FR Doc. 2016–04281 Filed 2–29–16; 8:45 am] 20573–0001, Phone: (202) 523–5725, on this issue and, where appropriate,
BILLING CODE 8320–01–P Email: secretary@fmc.gov. For legal incorporate that guidance into the
questions, contact William H. Shakely, Commission Rules of Practice and
General Counsel, Phone: (202) 523– Procedure. To that end, the NPRM
5740. Email: generalcounsel@fmc.gov. discussed three general questions on
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: which the Commission’s guidance
AGENCY would focus:
Table of Contents • Who is eligible to recover attorney
40 CFR Part 75 fees?
I. Executive Summary
II. Background
• How will the Commission exercise
Continuous Emission Monitoring
III. Summary of July 2, 2015, Notice of its discretion to determine whether to
CFR Correction Proposed Rulemaking award attorney fees to an eligible party?
A. Conforming Amendments • How will the Commission apply the
In Title 40 of the Code of Federal
B. Implementing the Amended Attorney- new attorney-fee provision to
Regulations, Parts 72 to 80, revised as of Fee Provision proceedings that were pending before
July 1, 2015, on page 223, in § 75.16, IV. Overview of Comments the Commission when the Coble Act
paragraphs (b)(1)(ii)(A) and (b)(1)(ii)(B) V. Final Rule and Response to Comments was enacted on December 18, 2014?
are removed. A. Conforming Amendments
[FR Doc. 2016–04435 Filed 2–29–16; 8:45 am]
The Commission received five
B. Implementing the Amended Attorney-
comments, all of which focused on the
BILLING CODE 1505–01–D Fee Provision
1. Who is eligible to recover attorney fees? framework for determining attorney fee
a. Proceedings awards and the three general questions
ENVIRONMENTAL PROTECTION b. Parties described above. None of the comments
AGENCY 2. How will the commission exercise its discussed the conforming edits
discretion? proposed in the NPRM. Accordingly,
40 CFR Part 75 a. General this final rule adopts the proposed
asabaliauskas on DSK5VPTVN1PROD with RULES

b. Treatment of Prevailing Complainants conforming edits with minor changes,
Continuous Emission Monitoring vs. Prevailing Respondents which are explained in detail below.
c. Factors for Consideration When
CFR Correction Determining Entitlement 1 The Coble Act amendments to 46 U.S.C. 301(b)
d. Different Entitlement Standards establishing conflict-of-interest restrictions for
In Title 40 of the Code of Federal Depending on Type of Proceeding Commissioners were not addressed in the NPRM
Regulations, Parts 72 to 80, revised as of 3. How will the commission apply the and are outside the scope of this rulemaking. The
July 1, 2015, on page 365, in Appendix provision to pending proceedings? Commission is currently evaluating the need for
A to Part 75, the first heading ‘‘2.1.3. VI. Rulemaking Analyses and Notices regulatory action in response to these amendments.

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Document Created: 2018-02-02 14:59:39
Document Modified: 2018-02-02 14:59:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
FR Citation		81 FR 10508