81 FR 44792 - Authority To Solicit Gifts and Donations
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 81, Issue 132 (July 11, 2016)
Federal Register Volume 81, Issue 132 (July 11, 2016)
| Page Range | 44792-44795 | |
| FR Document | 2016-16234 |
[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)] [Rules and Regulations] [Pages 44792-44795] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16234] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 38 RIN 2900-AP75 Authority To Solicit Gifts and Donations AGENCY: Department of Veterans Affairs. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Veterans Affairs (VA) amends its National Cemeteries regulation on the prohibition of officials and employees of VA from soliciting contributions from the public or authorizing the use of their names, name of the Secretary, or the name of VA for the purpose of making a gift or donation to VA. The amended regulation gives the Under Secretary of Memorial Affairs (USMA), or his designee, authority to solicit gifts and donations, which include monetary donations, in-kind goods and services, and personal property, or authorize the use of their names, the name of the Secretary, or the name of VA by an individual or organization in any campaign or drive for donation of money or articles to VA for the purpose of beautifying, or for the benefit of, one or more national cemeteries. DATES: This direct final rule is effective on September 9, 2016, without further notice, unless VA receives a significant adverse comment by August 10, 2016. If we receive a significant adverse comment by August 10, 2016, we will publish a document in the Federal Register withdrawing this rule before the effective date. See section on Administrative Procedure Act below. ADDRESSES: Written comments may be submitted by email through http://www.regulations.gov; by mail or hand-delivery to Director, Regulation Policy and Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. (This is not a toll-free number.) Comments should indicate that they are submitted in response to ``RIN 2900-AP75--Authority to Solicit Gifts and Donations.'' Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1068, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461-4902 for an appointment. (This is not a toll-free number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at http://www.regulations.gov. [[Page 44793]] FOR FURTHER INFORMATION CONTACT: Thomas Howard, Chief of Staff, National Cemetery Administration (NCA), Department of Veterans Affairs, (40A), 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-6215. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: Title 38 U.S.C. 2407 authorizes the Secretary of VA to ``accept gifts, devises, or bequests from legitimate societies and organizations or reputable individuals, made in any manner, which are made for the purpose of beautifying national cemeteries, or are determined to be beneficial to such cemetery.'' In 1978, VA published implementing regulations for this authority at 38 CFR 1.603 (now redesignated as 38 CFR 38.603). 43 FR 26572 (June 21, 1978). Included in this regulation, at Sec. 38.603(b), is a prohibition on the solicitation of contributions from the public by any VA official or employee. Unfortunately, as was common at the time, the proposed and final rulemaking documents provide less information regarding the rationale for the regulations than is commonly provided today, so the full rationale for this regulation, including the reason for the prohibition on solicitations, is no longer available. The prohibition is not contained in the statutory authority at section 2407, nor does the plain language of the statute indicate a rationale for the prohibition. VA is easing this restriction because it negatively impacts VA's ability to fully realize the potential of its authority to accept gifts and donations for the benefit of the national cemeteries. The gift and donation acceptance authority at section 2407 is just one of several authorities under which VA may accept gifts or donations that advance the mission or enhance the services that VA provides. These authorities include, among others, 38 U.S.C. 521 (acceptance of funds to support recreational activities furthering the rehabilitation of disabled veterans); 2406 (gifts of land for national cemeteries); 8103 and 8104 (acceptance of land, interests in land, or facilities for use as medical facilities); and 8301 (acceptance of gifts for use in carrying out all laws administered by VA). None of these statutory authorities nor any implementing regulations for any of the authorities, includes a provision like that contained in Sec. 38.603(b), prohibiting the solicitation of contributions. Legal guidance indicates that such a prohibition is not required by law. In 2015, VA's Office of General Counsel (OGC) issued a precedent opinion concluding that VA's express statutory authority to accept gifts under section 8301 included the implied statutory authority to solicit those gifts. VAOPGCPREC 2-2015, Mar. 20, 2015. Outside VA, a 2001 opinion from the Office of Legal Counsel (OLC) of the Department of Justice found that the broad statutory authority granted by Congress in section 403(b)(1) of the Office of Government Ethics Authorization Act of 1996 to accept gifts implies the authority to solicit gifts. 25 Op. OLC 55, Jan. 19, 2001. VA believes that section 2407 similarly contains an implied statutory authority to solicit gifts and donations for the benefit of the national cemeteries and that, by prohibiting use of that implied statutory authority, the provision in Sec. 38.603(b), in addition to not being legally necessary, may impede VA's ability to fully realize the authority provided to VA in section 2407. The ability of VA to operate other gift and donation programs under the authorities mentioned above, effectively and within legal parameters, in the absence of a prohibition on the ability of principals to solicit gifts and donations, indicates that a prohibition like that contained in Sec. 38.603(b) is unnecessary. Gifts and donations received by the national cemeteries under the authority of section 2407 have taken many forms, including monetary donations, donations of services and property (such as landscaping services or trees), and memorials and other commemorative works. Consistent with the plain language of the terms ``gifts'' and ``donations,'' we clarify in the regulation that gifts and donations would include monetary donations, in-kind goods and services, and personal property. These gifts and donations from generous persons and organizations enhance the experience of visitors to the national cemeteries. The prohibition contained in Sec. 38.603(b) impedes VA's ability to proactively advise donors or potential donors of gift and donation opportunities that could be beneficial to the national cemeteries. Although Sec. 38.603(b) includes a provision that allows VA employees to discuss the ``appropriateness'' of a proposed gift, that discussion can only happen if a donor first approaches VA about a potential gift or donation. VA cannot proactively advise a donor that a particular gift or donation would be beneficial to the national cemeteries in general or any one national cemetery in particular. Easing the prohibition benefits not only the national cemeteries by ensuring that gifts and donations are more likely to be beneficial, but also is beneficial to donors who may not know of opportunities to provide beneficial gifts and donations to the national cemeteries. Therefore, we are amending Sec. 38.603(b) to provide that the USMA, or his designee, may solicit gifts and donations, which include monetary donations, in-kind goods and services, and personal property, or authorize the use of their names, the name of the Secretary, or the name of VA by an individual or organization in any campaign or drive for money or articles to VA for the purpose of beautifying, or for the benefit of, one or more national cemeteries. While VA is easing the prohibition on solicitation of gifts and donations, the intent is not to remove the restriction in its entirety. VA maintains 133 national cemeteries, one national Veterans' burial ground, and 33 soldiers' lots and monument sites in 40 states and Puerto Rico, as national shrines, that is, places of honor and memory where visitors can sense the serenity, historic sacrifice, and nobility of purpose of those who have served in the military. The USMA is responsible for the operation of the national cemeteries and is in the best position to determine the appropriateness of any campaign to solicit gifts and donations. Although VA is replacing the existing provision at Sec. 38.603(b) with revised text that allows the USMA or designee to solicit gifts and donations to VA for the purpose of beautifying, or for the benefit of, one or more national cemeteries, this rulemaking does not amend any other regulation governing solicitation or acceptance of gifts and donations under any other authority available to VA. We are revising the authority citation for part 38 to include the statutory authority 38 U.S.C. 2407. We also add this statutory authority at the end of Sec. 38.603. Administrative Procedure Act VA believes this rule is non-controversial and anticipates that it will not result in any significant adverse comments, and, therefore, is issuing this regulatory amendment as a direct final rule. VA is only minimizing the restriction to commensurate with statutory authority and legal guidance from VA's OGC and an opinion from DOJ's OLC. VA is publishing a separate, substantially identical proposed rule in the Federal Register, RIN 2900-AP74, that will serve as a proposal for the provisions in this direct final rule in the event that any significant adverse comment is received by VA. For purposes of the direct final rulemaking, a significant adverse comment is one that explains why the rule would be inappropriate, including challenges to the rule's underlying [[Page 44794]] premise or approach, or why it would be ineffective or unacceptable without change. If VA receives a significant adverse comment, VA will publish a notice of receipt of a significant adverse comment in the Federal Register and withdraw the direct final rule. In determining whether an adverse comment is significant and warrants withdrawing a direct final rule, we will consider whether the comment raises an issue serious enough to warrant a substantive response in a notice-and- comment process in accordance with section 553 of the Administrative Procedure Act (5 U.S.C. 553). Comments that are frivolous, insubstantial, or outside the scope of the rule will not be considered adverse under this procedure. For example, a comment recommending an additional change to the rule will not be considered a significant adverse comment unless the comment states why the rule would be ineffective or unacceptable without the additional change. Under direct final rule procedures, if no significant adverse comment is received within the comment period, this rule will become effective on the date specified above. After the close of the comment period, VA will publish a document in the Federal Register indicating that VA received no significant adverse comment and restating the date on which the final rule will become effective. VA will also publish a notice in the Federal Register withdrawing the proposed rule, RIN 2900- AP74. In the event that VA withdraws the direct final rule because of receipt of any significant adverse comment, VA will proceed with the rulemaking by addressing the comments received and publishing a final rule. The comment period for the proposed rule runs concurrently with that of the direct final rule. VA will treat any comments received in response to the direct final rule as comments regarding the proposed rule as well. VA will consider such comments in developing a subsequent final rule. Likewise, VA will consider any significant adverse comment received in response to the proposed rule as a comment regarding the direct final rule as well. VA has determined that it is not necessary to provide a 60-day comment period for this rulemaking because the rulemaking does not establish duties or benefits affecting members of the public, but merely makes a minor modification concerning the authority of certain officials or employees to solicit gifts and donations for the benefit of VA national cemeteries. VA has instead specified that comments must be received within 30 days after date of publication in the Federal Register. Effect of Rulemaking The Code of Federal Regulations, revised by this rulemaking, represents the exclusive legal authority on this subject. No contrary rules or procedures are authorized. All VA guidance will conform with this rulemaking if possible or, if not possible, such guidance is superseded by this rulemaking. Paperwork Reduction Act This final rule 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 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 initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 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 the Office of Management and Budget (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 issuing any rule that may result in the 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 There are no Catalog of Federal Domestic Assistance program numbers and titles affected by this document. 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. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on June 30, 2016, for publication. Dated: June 30, 2016. Jeffrey Martin, Office Program Manager, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. List of Subjects in 38 CFR Part 38 Administrative practice and procedure, Cemeteries, Claims, Crime, Veterans. [[Page 44795]] For the reasons set out in the preamble, VA amends 38 CFR part 38 as follows: PART 38--NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS 0 1. Revise the authority citation for part 38 to read as follows: Authority: 38 U.S.C. 107, 501, 512, 2306, 2402, 2403, 2404, 2407, 2408, 2411, 7105. 0 2. In Sec. 38.603, revise paragraph (b) and add an authority citation to read as follows: Sec. 38.603 Gifts and donations. * * * * * (b) The Under Secretary of Memorial Affairs, or his designee, may solicit gifts and donations, which include monetary donations, in-kind goods and services, and personal property, or authorize the use of their names, the name of the Secretary, or the name of the Department of Veterans Affairs by an individual or organization in any campaign or drive for donation of money or articles to the Department of Veterans Affairs for the purpose of beautifying, or for the benefit of, one or more national cemeteries. Authority: 38 U.S.C. 2407. [FR Doc. 2016-16234 Filed 7-8-16; 8:45 am] BILLING CODE 8320-01-P
![44792 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations
Principal Transaction, the Financial (iii) Discloses the circumstances DEPARTMENT OF VETERANS
Institution and the Adviser(s) provide under which the Adviser and Financial AFFAIRS
investment advice that is, at the time of Institution may engage in Principal
the recommendation, in the Best Interest Transactions and Riskless Principal 38 CFR Part 38
of the Retirement Investor. As further Transactions with the Plan, participant RIN 2900–AP75
defined in Section VI(c), such advice or beneficiary account, or IRA, and
reflects the care, skill, prudence, and identifies and discloses the Material Authority To Solicit Gifts and
diligence under the circumstances then Conflicts of Interest associated with Donations
prevailing that a prudent person acting Principal Transactions and Riskless
in a like capacity and familiar with such Principal Transactions. AGENCY: Department of Veterans Affairs.
matters would use in the conduct of an (iv) The disclosure may be provided ACTION: Direct final rule.
enterprise of a like character and with in person, electronically or by mail. It SUMMARY: The Department of Veterans
like aims, based on the investment does not have to be repeated for any Affairs (VA) amends its National
objectives, risk tolerance, financial subsequent recommendations during Cemeteries regulation on the prohibition
circumstances, and needs of the the Transition Period. of officials and employees of VA from
Retirement Investor, without regard to (v) The Financial Institution will not
soliciting contributions from the public
the financial or other interests of the fail to satisfy this Section VII(d)(2)
or authorizing the use of their names,
Adviser, Financial Institution or any solely because it, acting in good faith
name of the Secretary, or the name of
Affiliate or other party; and with reasonable diligence, makes an VA for the purpose of making a gift or
(ii) The Adviser and Financial error or omission in disclosing the donation to VA. The amended
Institution will seek to obtain the best required information, provided the regulation gives the Under Secretary of
execution reasonably available under Financial Institution discloses the Memorial Affairs (USMA), or his
the circumstances with respect to the correct information as soon as designee, authority to solicit gifts and
Principal Transaction or Riskless practicable, but not later than 30 days donations, which include monetary
Principal Transaction. Financial after the date on which it discovers or donations, in-kind goods and services,
Institutions that are FINRA members reasonably should have discovered the and personal property, or authorize the
shall satisfy this requirement if they error or omission. To the extent use of their names, the name of the
comply with the terms of FINRA rules compliance with this Section VII(d)(2) Secretary, or the name of VA by an
2121 (Fair Prices and Commissions) and requires Advisers and Financial individual or organization in any
5310 (Best Execution and Institutions to obtain information from campaign or drive for donation of
Interpositioning), or any successor rules entities that are not closely affiliated money or articles to VA for the purpose
in effect at the time of the transaction, with them, they may rely in good faith of beautifying, or for the benefit of, one
as interpreted by FINRA, with respect to on information and assurances from the or more national cemeteries.
the Principal Transaction or Riskless other entities, as long as they do not DATES: This direct final rule is effective
Principal Transaction; and know, or unless they should have on September 9, 2016, without further
(iii) Statements by the Financial known, that the materials are notice, unless VA receives a significant
Institution and its Advisers to the incomplete or inaccurate. This good adverse comment by August 10, 2016. If
Retirement Investor about the Principal faith reliance applies unless the entity we receive a significant adverse
Transaction or Riskless Principal providing the information to the comment by August 10, 2016, we will
Transaction, fees and compensation Adviser and Financial Institution is (1) publish a document in the Federal
related to the Principal Transaction or a person directly or indirectly through Register withdrawing this rule before
Riskless Principal Transaction, Material one or more intermediaries, controlling, the effective date. See section on
Conflicts of Interest, and any other controlled by, or under common control Administrative Procedure Act below.
matters relevant to a Retirement with the Adviser or Financial
ADDRESSES: Written comments may be
Investor’s decision to engage in the Institution; or (2) any officer, director, submitted by email through http://
Principal Transaction or Riskless employee, agent, registered www.regulations.gov; by mail or hand-
Principal Transaction, are not materially representative, relative (as defined in delivery to Director, Regulation Policy
misleading at the time they are made. ERISA section 3(15)), member of family and Management (02REG), Department
(2) Disclosures. The Financial (as defined in Code section 4975(e)(6)) of Veterans Affairs, 810 Vermont
Institution provides to the Retirement of, or partner in, the Adviser or Avenue NW., Room 1068, Washington,
Investor, prior to or at the same time as Financial Institution. DC 20420; or by fax to (202) 273–9026.
the execution of the recommended (3) The Financial Institution must (This is not a toll-free number.)
Principal Transaction or Riskless designate a person or persons, identified Comments should indicate that they are
Principal Transaction, a single written by name, title or function, responsible submitted in response to ‘‘RIN 2900–
disclosure, which may cover multiple for addressing Material Conflicts of AP75—Authority to Solicit Gifts and
transactions or all transactions Interest and monitoring Advisers’ Donations.’’ Copies of comments
occurring within the Transition Period, adherence to the Impartial Conduct received will be available for public
that clearly and prominently: Standards. inspection in the Office of Regulation
(4) The Financial Institution complies
(i) Affirmatively states that the Policy and Management, Room 1068,
with the recordkeeping requirements of
Financial Institution and the Adviser(s) between the hours of 8:00 a.m. and 4:30
Section V(a) and (b).
act as fiduciaries under ERISA or the p.m., Monday through Friday (except
Code, or both, with respect to the Signed at Washington, DC. holidays). Please call (202) 461–4902 for
ehiers on DSK5VPTVN1PROD with RULES
recommendation; Phyllis C. Borzi, an appointment. (This is not a toll-free
(ii) Sets forth the standards in Assistant Secretary, Employee Benefits number.) In addition, during the
paragraph (d)(1) of this section and Security Administration, U.S. Department of comment period, comments may be
affirmatively states that it and the Labor. viewed online through the Federal
Adviser(s) adhered to such standards in [FR Doc. 2016–16354 Filed 7–7–16; 4:15 pm] Docket Management System (FDMS) at
recommending the transaction; and BILLING CODE 4510–29–P http://www.regulations.gov.
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![Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations 44795
For the reasons set out in the No. EPA–R07–OAR–2016–0045. All rulemaking into the SIP). EPA must
preamble, VA amends 38 CFR part 38 as documents in the docket are listed on provide public notice and seek
follows: the http://www.regulations.gov Web additional public comment regarding
site. Although listed in the index, some the proposed Federal action on the
PART 38—NATIONAL CEMETERIES information is not publicly available, state’s submission.
OF THE DEPARTMENT OF VETERANS i.e., CBI or other information whose EPA received the request from the
AFFAIRS disclosure is restricted by statute. state to adopt revisions to the local air
Certain other material, such as agency rules into the SIP on December
■ 1. Revise the authority citation for part
copyrighted material, is not placed on 8, 2015. The revisions were adopted by
38 to read as follows:
the Internet and will be publicly the local agency on October 6, 2015, and
Authority: 38 U.S.C. 107, 501, 512, 2306, available only in hard copy form. became effective on October 12, 2015.
2402, 2403, 2404, 2407, 2408, 2411, 7105. Publicly available docket materials are EPA is approving the requested
■ 2. In § 38.603, revise paragraph (b) available electronically at http:// revisions to the Iowa SIP relating to the
and add an authority citation to read as www.regulations.gov and at EPA Region following:
follows: 7, 11201 Renner Boulevard, Lenexa, • Article I. In General, Section 5–1.
Kansas 66219. Please schedule an Purpose and Ambient Air Quality
§ 38.603 Gifts and donations.
appointment during normal business Standards;
* * * * * hours with the contact listed in the FOR • Article I. In General, Section 5–2.
(b) The Under Secretary of Memorial FURTHER INFORMATION CONTACT section. Definitions;
Affairs, or his designee, may solicit gifts For additional information and general • Article X. Permits, Division 1.
and donations, which include monetary guidance, please visit http:// Construction Permits, Section 5–33.
donations, in-kind goods and services, www2.epa.gov/dockets/commenting- Exemptions from Permit Requirements;
and personal property, or authorize the epa-dockets. • Article X. Permits, Division 2.
use of their names, the name of the Operating Permits, Section 5–39.
Secretary, or the name of the FOR FURTHER INFORMATION CONTACT:
Heather Hamilton, Environmental Exemptions from Permit Requirement.
Department of Veterans Affairs by an EPA’s action does not cover revisions
individual or organization in any Protection Agency, Air Planning and
Development Branch, 11201 Renner to:
campaign or drive for donation of • Article VI. Emission of Air
money or articles to the Department of Boulevard, Lenexa, Kansas 66219 at
(913) 551–7039, or by email at Contaminants from Industrial Processes,
Veterans Affairs for the purpose of New Source Performance Standards,
beautifying, or for the benefit of, one or Hamilton.heather@epa.gov.
Section 5–16(n),
more national cemeteries. SUPPLEMENTARY INFORMATION:
• Article VIII. National Emission
Authority: 38 U.S.C. 2407. Throughout this document ‘‘we,’’ ‘‘us,’’ Standards for Hazardous Air Pollutants
[FR Doc. 2016–16234 Filed 7–8–16; 8:45 am] or ‘‘our’’ refer to EPA. This section for Source Categories, Section 5–16(p),
BILLING CODE 8320–01–P
provides additional information by and,
addressing the following: • Article VIII. National Emission
I. What is being addressed in this document? Standards for Hazardous Air Pollutants
ENVIRONMENTAL PROTECTION II. Have the requirements for approval of a for Source Categories, Section 5–20.
AGENCY SIP revision been met? EPA is also approving the definition
III. EPA’s Response to Comments of Maximum Achievable Control
40 CFR Part 52 IV. What action is EPA taking?
Technology (MACT) that was
[EPA–R07–OAR–2016–0045; FRL–9948–84– I. What is being addressed in this inadvertently omitted from the January
Region 7] document? 12, 2015, Federal Register notice that
The State of Iowa requested EPA approved the September 2013 revisions
Approval of Iowa’s Air Quality approval of revisions to the local to the Polk County Board of Health
Implementation Plans; Polk County
agency’s rules and regulations, Chapter Rules and Regulations, Chapter V, Air
Board of Health Rules and Pollution. 80 FR 1471. The definition of
V, Air Pollution, as a revision to the
Regulations, Chapter V, Revisions MACT is not referenced elsewhere in
State Implementation Plan (SIP). In
order for the local program’s Air Polk County’s Federally approved
AGENCY: Environmental Protection
Pollution rules to be incorporated into rules.1
Agency (EPA).
ACTION: Final rule. the Federally-enforceable SIP, on behalf II. Have the requirements for approval
of the local agency, the state must of a SIP revision been met?
SUMMARY: The Environmental Protection submit the formally adopted regulations
Agency (EPA) is taking final action to The state submission has met the
and control strategies, which are
approve a revision submitted by the public notice requirements for SIP
consistent with the state and Federal
State of Iowa. The purpose of these submissions in accordance with 40 CFR
requirements, to EPA for inclusion in
revisions is to update the Polk County 51.102. The submission also satisfied
the SIP. The regulation adoption process
Board of Health Rules and Regulations, the completeness criteria of 40 CFR part
generally includes public notice, a
Chapter V, Air Pollution. This final 51, appendix V. In addition, as
public comment period and a public
action will reflect updates to the Iowa’s explained above and in more detail in
hearing, and formal adoption of the rule
statewide rules previously approved by the technical support document which
by the state authorized rulemaking
EPA and will ensure consistency is part of this docket, the revision meets
body. In this case, that rulemaking body
ehiers on DSK5VPTVN1PROD with RULES
between applicable local agency rules the substantive SIP requirements of the
is the local agency. After the local
and Federally-approved rules. CAA, including section 110 and
agency formally adopts the rule, the
DATES: This final rule is effective on
implementing regulations.
local agency submits the rulemaking to
August 10, 2016. the state, and then the state submits the 1 Chapter V, Subchapter 5–20 National Emission
ADDRESSES: EPA has established a rulemaking to EPA for consideration for Standards for Hazardous Air Pollutants (NESHAP)
docket for this action under Docket ID formal action (inclusion of the for Source Categories is not Federally approved.
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Document Created: 2016-07-09 00:21:27
Document Modified: 2016-07-09 00:21:27
| 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 | Direct final rule. | |
| Dates | This direct final rule is effective on September 9, 2016, without further notice, unless VA receives a significant adverse comment by August 10, 2016. If we receive a significant adverse comment by August 10, 2016, we will publish a document in the Federal Register withdrawing this rule before the effective date. See section on Administrative Procedure Act below. | |
| Contact | Thomas Howard, Chief of Staff, National Cemetery Administration (NCA), Department of Veterans Affairs, (40A), 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-6215. (This is not a toll-free number.) | |
| FR Citation | 81 FR 44792 | |
| RIN Number | 2900-AP75 | |
| CFR Associated | Administrative Practice and Procedure; Cemeteries; Claims; Crime and Veterans |
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