81 FR 32648 - Mailing Address of the Board of Veterans' Appeals
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 81, Issue 100 (May 24, 2016)
Federal Register Volume 81, Issue 100 (May 24, 2016)
| Page Range | 32648-32651 | |
| FR Document | 2016-12111 |
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)] [Rules and Regulations] [Pages 32648-32651] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12111] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Parts 14 and 20 RIN 2900-AP71 Mailing Address of the Board of Veterans' Appeals AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Veterans Affairs (VA) is amending its regulations on representation of claimants and the Rules of Practice of the Board of Veterans' Appeals (Board) to update the Board's mailing address and titles of certain individuals and offices at the Board to whom mail is addressed. These amendments are necessary because of a mailing address change and to ensure that correct titles of certain individuals and offices at the Board are reflected in the regulations. DATES: Effective Date: This rule is effective May 24, 2016. FOR FURTHER INFORMATION CONTACT: Donnie R. Hachey, Chief Counsel for Operations, Board of Veterans' Appeals (01C2), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-4603. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: The Board is updating its mailing address because of new centralized mail procedures. This document amends 38 CFR parts 14 and 20 to update the Board's mailing address and titles of certain individuals and offices to whom mail is addressed. The purpose of these revisions is to ensure that the information contained in 38 CFR parts 14 and 20 is current and correct. The new centralized mail procedures are consistent with paperless VA claims and appeals processing. The purpose of these procedures is to increase efficiency of mail processing. Centralized mail processing allows Board staff to electronically review mail related to appeals and upload that mail to a Veteran's electronic claims file in the Veterans Benefits Management System (VBMS). Centralized mail processing allows for electronic processing of the Board's appeals-related mail. The Board also receives mail not intended to be associated with a Veteran's claims file for consideration in a specific case. For example, as indicated above, an individual seeking additional information regarding this rulemaking may contact the Board's Chief Counsel for Operations, via mail. The Board also distributes a Board of Veterans' Appeals Hearing Survey Card, VA Form 0745, which allows an appellant to provide anonymous feedback regarding his or her Board hearing. The Board Hearing Survey Card includes an attached Business Reply Mail envelope addressed to the Board. Additionally, the Board's incoming mail includes various periodicals. The Board is presently only utilizing centralized mail procedures to process mail related to appeals, which should be mailed to the Board's new post office box. Other types of mail should continue to be mailed to the Board at 810 Vermont Avenue NW., Washington, DC 20420. VA is amending 38 CFR 20.100(c), to distinguish between these two different mailing addresses for these two different types of mail. Administrative Procedure Act These changes to 38 CFR parts 14 and 20 are being published without regard to notice-and-comment procedures of 5 U.S.C. 553(b) because they involve only matters of agency organization, procedure, or practice, which are exempted from such procedures by virtue of 5 U.S.C. 553(b)(A). Further, because these changes do not involve substantive rules, they are not subject to the provisions of 5 U.S.C. 553(d) providing for a 30-day delay in the effective date of substantive rules. Paperwork Reduction Act Although this action contains provisions constituting collections of information at 38 CFR 20.608, 20.702, and 20.704, under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3521), no new or proposed revised collections of information are associated with this final rule. The information collection requirements for Sec. Sec. 20.608, 20.702, and 20.704 are currently approved by the Office of Management and Budget (OMB) and have been assigned OMB control number 2900-0085. Regulatory Flexibility Act The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601- 612). This final rule will directly affect only individuals and will not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the final regulatory flexibility analysis requirements of section 604. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a ``significant regulatory action'' requiring review by OMB, unless OMB waives such review, as ``any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order.'' The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA's impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of the rulemaking and its impact analysis are available on VA's Web site at http://www.va.gov/orpm/, by following the link for ``VA Regulations Published From FY 2004 Through Fiscal Year to Date.'' 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 [[Page 32649]] issuing any rule that may result in an 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 final rule will have no such effect on State, local, and tribal governments, or on the private sector. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance program numbers and titles for this rule are 64.100, Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces; 64.101, Burial Expenses Allowance for Veterans; 64.103, Life Insurance for Veterans; 64.104, Pension for Non-Service-Connected Disability for Veterans; 64.105, Pension to Veterans Surviving Spouses, and Children; 64.106, Specially Adapted Housing for Disabled Veterans; 64.109, Veterans Compensation for Service-Connected Disability; 64.110, Veterans Dependency and Indemnity Compensation for Service-Connected Death; 64.114, Veterans Housing-Guaranteed and Insured Loans; 64.115, Veterans Information and Assistance; 64.116,Vocational Rehabilitation for Disabled Veterans; 64.117, Survivors and Dependents Educational Assistance; 64.118, Veterans Housing-Direct Loans for Certain Disabled Veterans; 64.119, Veterans Housing-Manufactured Home Loans; 64.120, Post-Vietnam Era Veterans' Educational Assistance; 64.124, All- Volunteer Force Educational Assistance; 64.125, Vocational and Educational Counseling for Servicemembers and Veterans; 64.126, Native American Veteran Direct Loan Program; 64.127, Monthly Allowance for Children of Vietnam Veterans Born with Spina Bifida; and 64.128, Vocational Training and Rehabilitation for Vietnam Veterans' Children with Spina Bifida or Other Covered Birth Defects. 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. Robert D. Snyder, Chief of Staff, Department of Veterans Affairs, approved this document on March 31, 2016, for publication. List of Subjects 38 CFR Part 14 Administrative practice and procedure, Claims, Courts, Foreign relations, Government employees, Lawyers, Legal services, Organization and functions (Government agencies), Reporting and recordkeeping requirements, Surety bonds, Trusts and trustees, Veterans. 38 CFR Part 20 Administrative practice and procedure, Claims, Veterans. Dated: May 18, 2016. Michael Shores, Acting Director, Office of Regulation Policy & Management, Office of the General Counsel, Department of Veterans Affairs. For the reasons set forth in the preamble, VA amends 38 CFR parts 14 and 20 as follows: PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS 0 1. The authority citation for part 14 continues to read as follows: Authority: 5 U.S.C. 301; 28 U.S.C. 2671-2680; 38 U.S.C. 501(a), 512, 515, 5502, 5901-5905; 28 CFR part 14, appendix to part 14, unless otherwise noted. 0 2. Amend Sec. 14.629 by revising the eighth sentence of paragraph (c)(3) to read as follows: Sec. 14.629 Requirements for accreditation of service organization representatives; agents; and attorneys. * * * * * (c) * * * (3) * * * In the case of appeals before the Board in Washington, DC, the signed consent must be submitted to: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * * * * PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE 0 3. The authority citation for part 20 continues to read as follows: Authority: 38 U.S.C. 501(a) and as noted in specific sections. Subpart B--The Board 0 4. Amend Sec. 20.100 by revising paragraph (c) to read as follows: Sec. 20.100 Rule 100. Name, business hours, and mailing address of the Board. * * * * * (c) Mailing Address. Except as otherwise noted in these Rules, appeals-related mail to the Board must be addressed to: Chairman (01), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. Mail to the Board that is not related to an appeal must be addressed to: Board of Veterans' Appeals, 810 Vermont Avenue NW., Washington, DC 20420. * * * * * Subpart C--Commencement and Perfection of Appeal 0 5. Amend Sec. 20.204 by revising the second sentence of paragraph (b)(2) to read as follows: Sec. 20.204 Rule 204. Withdrawal of Appeal. * * * * * (b) * * * (2) * * * Thereafter, file the withdrawal at the following address: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * Subpart G--Representation 0 6. Amend Sec. 20.608 by revising the fifth sentence of paragraph (b)(2) to read as follows: Sec. 20.608 Rule 608. Withdrawal of services by a representative. * * * * * (b) * * * (2) * * * Such motions must be filed at the following address: Office of the Principal Deputy Vice Chairman (01C), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * * * * Subpart H--Hearings on Appeal 0 7. Amend Sec. 20.702 by: 0 a. Revising the fourth sentence of paragraph (c)(1). 0 b. Revising the eighth sentence of paragraph (c)(2). 0 c. Revising the fourth sentence of paragraph (d). 0 d. Revising the third sentence of paragraph (e). The revisions read as follows: Sec. 20.702 Rule 702. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals in Washington, DC. * * * * * (c) * * * (1) * * * In the case of hearings to be conducted by the Board of Veterans' Appeals in Washington, DC, such requests for a new hearing date must be filed with: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. (2) * * * In the case of hearings to be conducted by the Board of Veterans' Appeals in Washington, DC, the motion [[Page 32650]] for a new hearing date must be filed with: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * (d) * * * In the case of hearings to be conducted by the Board of Veterans' Appeals in Washington, DC, the motion must be filed with: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * * * * (e) * * * In the case of hearings to be conducted by the Board of Veterans' Appeals in Washington, DC, the notice of withdrawal must be sent to: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * 0 8. Amend Sec. 20.704 by revising the fourth sentence of paragraph (d) to read as follows: Sec. 20.704 Rule 704. Scheduling and notice of hearings conducted by the Board of Veterans' Appeals at Department of Veterans Affairs field facilities. * * * * * (d) * * * Such motions must be filed with: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * * * * 0 9. Amend Sec. 20.708 by revising the second sentence to read as follows: Sec. 20.708 Rule 708. Prehearing conference. * * * With respect to hearings to be held before the Board at Washington, DC, arrangements for a prehearing conference must be made through: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * * * * 0 10. Amend Sec. 20.711 by revising paragraph (c) to read as follows: Sec. 20.711 Rule 711. Subpoenas. * * * * * (c) Where filed. Motions for a subpoena must be filed with the Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * 0 11. Amend Sec. 20.714 by revising the fourth sentence in the parenthetical in paragraph (a)(1) to read as follows: Sec. 20.714 Rule 714. Record of hearing. (a) * * * (1) * * * They must be filed with: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.) * * * * * 0 12. Amend Sec. 20.715 by revising the fifth sentence to read as follows: Sec. 20.715 Rule 715. Recording of hearing by appellant or representative. * * * In the case of hearings held before the Board of Veterans' Appeals in Washington, DC, arrangements must be made with the Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * 0 13. Amend Sec. 20.716 by revising the fifth sentence to read as follows: Sec. 20.716 Rule 716. Correction of hearing transcripts. * * * In the case of hearings held before the Board of Veterans' Appeals, whether in Washington, DC, or in the field, the motion must be filed with the Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * * * * 0 14. Amend Sec. 20.717 by revising paragraph (c) to read as follows: Sec. 20.717 Rule 717. Loss of hearing tapes or transcripts--motion for new hearing. * * * * * (c) Where motion for a new hearing is filed. In the case of hearings held before the Board of Veterans' Appeals, whether in Washington, DC, or in the field, the motion must be filed with: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * Subpart J--Action by the Board 0 15. Amend Sec. 20.900 by revising the second sentence of paragraph (c)(2) to read as follows: Sec. 20.900 Rule 900. Order of consideration of appeals. * * * * * (c) * * * (2) * * * The motion must be filed with: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * Subpart K--Reconsideration 0 16. Amend Sec. 20.1001 by revising the second sentence of paragraph (b) to read as follows: Sec. 20.1001 Rule 1001. Filing and disposition of motion for reconsideration. * * * * * (b) * * * Such motions must be filed at the following address: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * Subpart N--Miscellaneous 0 17. Amend Sec. 20.1301 by revising the tenth sentence of paragraph (b)(2) to read as follows: Sec. 20.1301 Rule 1301. Disclosure of information. * * * * * (b) * * * (2) * * * These requests must be directed to the Research Center (01C1), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * 0 18. Amend Sec. 20.1304 by revising the fourth sentence of paragraph (b)(1) to read as follows: Sec. 20.1304 Rule 1304. Request for change in representation, request for personal hearing, or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals. * * * * * (b) * * * (1) * * * Such motions must be filed at the following address: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * * * * Subpart O--Revision of Decisions on Grounds of Clear and Unmistakable Error 0 19. Amend Sec. 20.1404 by revising the second sentence of paragraph (c) to read as follows: Sec. 20.1404 Rule 1404. Filing and pleading requirements; withdrawal. * * * * * (c) * * * Such motions should be filed at the following address: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * 0 20. Amend Sec. 20.1405 by revising paragraph (c)(2) to read as follows: [[Page 32651]] Sec. 20.1405 Rule 1405. Disposition. * * * * * (c) * * * (2) Submission of requests. Requests for such a hearing shall be submitted to the following address: Director, Office of Management, Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * * * * [FR Doc. 2016-12111 Filed 5-23-16; 8:45 am] BILLING CODE 8320-01-P
![32648 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
Dated: May 9, 2016. associated with a Veteran’s claims file Therefore, pursuant to 5 U.S.C. 605(b),
John M. Robinson, for consideration in a specific case. For this rulemaking is exempt from the final
Director, Office of Civil Rights, Department example, as indicated above, an regulatory flexibility analysis
of State. individual seeking additional requirements of section 604.
[FR Doc. 2016–12233 Filed 5–23–16; 8:45 am] information regarding this rulemaking
Executive Orders 12866 and 13563
BILLING CODE 4710–10–P may contact the Board’s Chief Counsel
for Operations, via mail. The Board also Executive Orders 12866 and 13563
distributes a Board of Veterans’ Appeals direct agencies to assess the costs and
Hearing Survey Card, VA Form 0745, benefits of available regulatory
DEPARTMENT OF VETERANS alternatives and, when regulation is
AFFAIRS which allows an appellant to provide
anonymous feedback regarding his or necessary, to select regulatory
38 CFR Parts 14 and 20 her Board hearing. The Board Hearing approaches that maximize net benefits
Survey Card includes an attached (including potential economic,
RIN 2900–AP71 Business Reply Mail envelope environmental, public health and safety
addressed to the Board. Additionally, effects, and other advantages;
Mailing Address of the Board of distributive impacts; and equity).
the Board’s incoming mail includes
Veterans’ Appeals Executive Order 13563 (Improving
various periodicals.
AGENCY: Department of Veterans Affairs. The Board is presently only utilizing Regulation and Regulatory Review)
ACTION: Final rule. centralized mail procedures to process emphasizes the importance of
mail related to appeals, which should be quantifying both costs and benefits,
SUMMARY: The Department of Veterans mailed to the Board’s new post office reducing costs, harmonizing rules, and
Affairs (VA) is amending its regulations box. Other types of mail should promoting flexibility. Executive Order
on representation of claimants and the continue to be mailed to the Board at 12866 (Regulatory Planning and
Rules of Practice of the Board of 810 Vermont Avenue NW., Washington, Review) defines a ‘‘significant
Veterans’ Appeals (Board) to update the DC 20420. VA is amending 38 CFR regulatory action’’ requiring review by
Board’s mailing address and titles of 20.100(c), to distinguish between these OMB, unless OMB waives such review,
certain individuals and offices at the two different mailing addresses for these as ‘‘any regulatory action that is likely
Board to whom mail is addressed. These two different types of mail. to result in a rule that may: (1) Have an
amendments are necessary because of a annual effect on the economy of $100
Administrative Procedure Act million or more or adversely affect in a
mailing address change and to ensure
that correct titles of certain individuals These changes to 38 CFR parts 14 and material way the economy, a sector of
and offices at the Board are reflected in 20 are being published without regard to the economy, productivity, competition,
the regulations. notice-and-comment procedures of 5 jobs, the environment, public health or
DATES: Effective Date: This rule is U.S.C. 553(b) because they involve only safety, or State, local, or tribal
effective May 24, 2016. matters of agency organization, governments or communities; (2) Create
procedure, or practice, which are a serious inconsistency or otherwise
FOR FURTHER INFORMATION CONTACT:
exempted from such procedures by interfere with an action taken or
Donnie R. Hachey, Chief Counsel for planned by another agency; (3)
virtue of 5 U.S.C. 553(b)(A). Further,
Operations, Board of Veterans’ Appeals Materially alter the budgetary impact of
because these changes do not involve
(01C2), Department of Veterans Affairs, entitlements, grants, user fees, or loan
substantive rules, they are not subject to
810 Vermont Avenue NW., Washington, programs or the rights and obligations of
the provisions of 5 U.S.C. 553(d)
DC 20420, (202) 632–4603. (This is not recipients thereof; or (4) Raise novel
providing for a 30-day delay in the
a toll-free number.) legal or policy issues arising out of legal
effective date of substantive rules.
SUPPLEMENTARY INFORMATION: The Board mandates, the President’s priorities, or
is updating its mailing address because Paperwork Reduction Act the principles set forth in this Executive
of new centralized mail procedures. Although this action contains Order.’’
This document amends 38 CFR parts 14 provisions constituting collections of The economic, interagency,
and 20 to update the Board’s mailing information at 38 CFR 20.608, 20.702, budgetary, legal, and policy
address and titles of certain individuals and 20.704, under the provisions of the implications of this regulatory action
and offices to whom mail is addressed. Paperwork Reduction Act of 1995 (44 have been examined, and it has been
The purpose of these revisions is to U.S.C. 3501–3521), no new or proposed determined not to be a significant
ensure that the information contained in revised collections of information are regulatory action under Executive Order
38 CFR parts 14 and 20 is current and associated with this final rule. The 12866. VA’s impact analysis can be
correct. information collection requirements for found as a supporting document at
The new centralized mail procedures §§ 20.608, 20.702, and 20.704 are http://www.regulations.gov, usually
are consistent with paperless VA claims currently approved by the Office of within 48 hours after the rulemaking
and appeals processing. The purpose of Management and Budget (OMB) and document is published. Additionally, a
these procedures is to increase have been assigned OMB control copy of the rulemaking and its impact
efficiency of mail processing. number 2900–0085. analysis are available on VA’s Web site
Centralized mail processing allows at http://www.va.gov/orpm/, by
Board staff to electronically review mail Regulatory Flexibility Act
following the link for ‘‘VA Regulations
related to appeals and upload that mail The Secretary hereby certifies that Published From FY 2004 Through Fiscal
mstockstill on DSK3G9T082PROD with RULES
to a Veteran’s electronic claims file in this final rule will not have a significant Year to Date.’’
the Veterans Benefits Management economic impact on a substantial
System (VBMS). number of small entities as they are Unfunded Mandates
Centralized mail processing allows for defined in the Regulatory Flexibility Act The Unfunded Mandates Reform Act
electronic processing of the Board’s (5 U.S.C. 601–612). This final rule will of 1995 requires, at 2 U.S.C. 1532, that
appeals-related mail. The Board also directly affect only individuals and will agencies prepare an assessment of
receives mail not intended to be not directly affect small entities. anticipated costs and benefits before
VerDate Sep<11>2014 17:11 May 23, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1](https://thefederalregister.org/doc/81_FR_32748/page/1.svg)
![Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations 32651
§ 20.1405 Rule 1405. Disposition. Web site. Although listed in the index, In a proposed rulemaking published
* * * * * some information is not publicly on March 7, 2016 (81 FR 11717), EPA
(c) * * * available, i.e., Confidential Business proposed to approve portions of South
(2) Submission of requests. Requests Information or other information whose Carolina’s 2010 1-hour SO2 NAAQS
for such a hearing shall be submitted to disclosure is restricted by statute. infrastructure SIP submission submitted
the following address: Director, Office of Certain other material, such as on May 8, 2014. The details of South
Management, Planning and Analysis copyrighted material, is not placed on Carolina’s submission and the rationale
(014), Board of Veterans’ Appeals, P.O. the Internet and will be publicly for EPA’s actions are explained in the
Box 27063, Washington, DC 20038. available only in hard copy form. proposed rulemaking. Comments on the
* * * * * Publicly available docket materials are proposed rulemaking were due on or
[FR Doc. 2016–12111 Filed 5–23–16; 8:45 am] available either electronically through before April 6, 2016. EPA received no
BILLING CODE 8320–01–P www.regulations.gov or in hard copy at adverse comments on the proposed
the Air Regulatory Management Section, action.
Air Planning and Implementation
II. Final Action
ENVIRONMENTAL PROTECTION Branch, Air, Pesticides and Toxics
Management Division, U.S. With the exception of interstate
AGENCY
Environmental Protection Agency, transport provisions pertaining to the
40 CFR Part 52 Region 4, 61 Forsyth Street SW., contribution to nonattainment or
Atlanta, Georgia 30303–8960. EPA interference with maintenance in other
[EPA–R04–OAR–2015–0151; FRL–9946–82– requests that if at all possible, you states and visibility protection
Region 4] requirements of section 110(a)(2)(D)(i)(I)
contact the person listed in the FOR
Air Quality Plan Approval; South FURTHER INFORMATION CONTACT section to and (II) (prongs 1, 2, and 4), EPA is
Carolina; Infrastructure Requirements schedule your inspection. The Regional taking final action to approve South
for the 2010 Sulfur Dioxide National Office’s official hours of business are Carolina ’s infrastructure submission
Ambient Air Quality Standard Monday through Friday, 8:30 a.m. to submitted on May 8, 2014, for the 2010
4:30 p.m., excluding Federal holidays. 1-hour SO2 NAAQS. EPA is taking final
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: action to approve South Carolina’s
Agency (EPA). Michele Notarianni, Air Regulatory infrastructure SIP submission for the
ACTION: Final rule. Management Section, Air Planning and 2010 1-hour SO2 NAAQS because the
Implementation Branch, Air, Pesticides submission is consistent with section
SUMMARY: The Environmental Protection and Toxics Management Division, U.S. 110 of the CAA.
Agency (EPA) is taking final action to Environmental Protection Agency,
approve the portions of the State III. Statutory and Executive Order
Region 4, 61 Forsyth Street SW., Reviews
Implementation Plan (SIP) submission, Atlanta, Georgia 30303–8960. Ms.
submitted by the State of South Under the CAA, the Administrator is
Notarianni can be reached via electronic
Carolina, through the South Carolina required to approve a SIP submission
mail at notarianni.michele@epa.gov or
Department of Health and that complies with the provisions of the
via telephone at (404) 562–9031.
Environmental Control (SC DHEC), on Act and applicable federal regulations.
SUPPLEMENTARY INFORMATION: See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
May 8, 2014, for inclusion into the
South Carolina SIP. This final action I. Background and Overview Thus, in reviewing SIP submissions,
pertains to the infrastructure EPA’s role is to approve state choices,
On June 22, 2010 (75 FR 35520), EPA provided that they meet the criteria of
requirements of the Clean Air Act (CAA
revised the primary SO2 NAAQS to an the CAA. Accordingly, this action
or Act) for the 2010 1-hour sulfur
hourly standard of 75 parts per billion merely approves state law as meeting
dioxide (SO2) national ambient air
(ppb) based on a 3-year average of the federal requirements and does not
quality standard (NAAQS). The CAA
annual 99th percentile of 1-hour daily impose additional requirements beyond
requires that each state adopt and
maximum concentrations. Pursuant to those imposed by state law. For that
submit a SIP for the implementation,
section 110(a)(1) of the CAA, states are reason, this action:
maintenance and enforcement of each
required to submit SIPs meeting the • Is not a significant regulatory action
NAAQS promulgated by EPA, which is
applicable requirements of section subject to review by the Office of
commonly referred to as an
110(a)(2) within three years after Management and Budget under
‘‘infrastructure SIP submission.’’ SC
promulgation of a new or revised Executive Orders 12866 (58 FR 51735,
DHEC certified that the South Carolina
NAAQS or within such shorter period October 4, 1993) and 13563 (76 FR 3821,
SIP contains provisions that ensure the
as EPA may prescribe. Section 110(a)(2) January 21, 2011);
2010 1-hour SO2 NAAQS is
requires states to address basic SIP • does not impose an information
implemented, enforced, and maintained
elements such as requirements for collection burden under the provisions
in South Carolina. EPA has determined
monitoring, basic program requirements of the Paperwork Reduction Act (44
that portions of South Carolina’s
and legal authority that are designed to U.S.C. 3501 et seq.);
infrastructure SIP submission, provided
assure attainment and maintenance of • is certified as not having a
to EPA on May 8, 2014, satisfy certain
the NAAQS. States were required to significant economic impact on a
required infrastructure elements for the
submit such SIPs for the 2010 1-hour substantial number of small entities
2010 1-hour SO2 NAAQS.
SO2 NAAQS to EPA no later than June under the Regulatory Flexibility Act (5
mstockstill on DSK3G9T082PROD with RULES
DATES: This rule will be effective June 2, 2013.1
23, 2016. U.S.C. 601 et seq.);
• does not contain any unfunded
ADDRESSES: EPA has established a 1 Today, EPA is providing clarification for an
inadvertent typographical error that was included mandate or significantly or uniquely
docket for this action under Docket
in the March 7, 2016, proposed rulemaking, for this
Identification No. EPA–R04–OAR– final action. In the March 7, 2016, proposed June 22, 2013. The 2010 1-hour SO2 NAAQS
2015–0151. All documents in the docket rulemaking it was stated that the 2010 1-hour SO2 infrastructure SIPs were actually due to EPA from
are listed on the www.regulations.gov NAAQS infrastructure SIPs were due no later than states no later than June 2, 2013.
VerDate Sep<11>2014 17:11 May 23, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1](https://thefederalregister.org/doc/81_FR_32748/page/4.svg)
Document Created: 2016-05-24 05:22:10
Document Modified: 2016-05-24 05:22:10
| 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 | |
| Action | Final rule. | |
| Contact | Donnie R. Hachey, Chief Counsel for Operations, Board of Veterans' Appeals (01C2), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-4603. (This is not a toll-free number.) | |
| FR Citation | 81 FR 32648 | |
| RIN Number | 2900-AP71 | |
| CFR Citation | 38
CFR
14 38 CFR 20 | |
| CFR Associated | Administrative Practice and Procedure; Claims; Courts; Foreign Relations; Government Employees; Lawyers; Legal Services; Organization and Functions (government Agencies); Reporting and Recordkeeping Requirements; Surety Bonds; Trusts and Trustees and Veterans |
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