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Code · REGISTER · 2008-06-30 · Department of State · Rules and Regulations

Rules and Regulations. Interim final rule; correction

15,972 words·~73 min read·/register/2008/06/30/08-1397

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 1610-02-P DEPARTMENT OF STATE 22 CFR Part 62 [Public Notice 6277] Exchange Visitor Program—Au Pairs; Correction AGENCY: Department of State. ACTION: Interim final rule; correction. SUMMARY: This document contains a correction to an interim final rule published on Thursday, June 19, 2008 (73 FR 34861). The Department of State published a document in the **Federal Register** on June 19, 2008, concerning Regulations regarding Exchange Visitor Program—Au Pairs. The published document contained an incorrect effective date.
FOR FURTHER INFORMATION CONTACT: Stanley Colvin, 202-203-7415. Correction In the **Federal Register** of June 19, 2008, FR DOC E8-13796, on page 34861, in the second column, correct the “ DATES ” caption to read: DATES: This rule is effective July 21, 2008. The Department will accept comments from the public up to July 21, 2008. Dated: June 19, 2008. Stanley S. Colvin, Director, Office of Exchange Coordination and Designation, Department of State. [FR Doc. E8-14780 Filed 6-27-08; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Part 3 OMB Control Numbers Under the Paperwork Reduction Act AGENCY:
Mine Safety and Health Administration (MSHA), Labor. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment updates MSHA's listing of Office of Management and Budget
(OMB)control numbers for the Agency's standards and regulations. MSHA is prohibited from conducting a collection of information unless the Agency displays a currently valid OMB control number. This consolidated listing assists the public in searching for current MSHA standards and regulations that include information collection, recordkeeping, and reporting requirements approved by OMB under the Paperwork Reduction Act of 1995. DATES: *Effective Date:* June 30, 2008. FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director; Office of Standards, Regulations, and Variances, MSHA at *silvey.patricia@dol.gov* (E-mail); 202-693-9440 (Voice); 202-693-9441 (Facsimile). SUPPLEMENTARY INFORMATION: MSHA first consolidated the listing of OMB control numbers in a final rule published on June 29, 1995 (60 FR 33719). This action codified the OMB control numbers for MSHA standards and regulations in one location to assist the public in quickly determining whether OMB has approved a specific information collection requirement. Table 1 in 30 CFR 3.1 displays the OMB control number for each section containing a requirement for the collection, reporting, recordkeeping, or dissemination of information. MSHA is prohibited from conducting a collection of information unless it displays a currently valid OMB control number and informs potential responders that they are not required to respond unless the collection of information displays a currently valid OMB control number. By publishing this list, MSHA is following the recommendation of OMB pursuant to 5 CFR 1320.3(f)(3) and 1320.5(b)(2)(ii)(C) that, even where an agency has already provided the above information “in a manner reasonably calculated to inform the public,” the agency should also “publish such information along with a table or codified section of OMB control numbers to be included in the *Code of Federal Regulations.* ” This revision updates MSHA's current list of OMB control numbers to include new control numbers approved by OMB for standards and regulations completed since the last update and any changes made through the renewal of previously issued OMB control numbers. Information collection requirements go through the public review process, including notice and comment, as part of the rule to which they apply. Likewise, the renewal of an OMB control number also requires public review. As a result, MSHA finds that it is unnecessary to have further public notice and comment and that, therefore, there is “good cause” under 5 U.S.C. 553(b)(3)(B) of the Administrative Procedure Act
(APA)to issue this technical amendment to Table 1 in 30 CFR part 3 without prior public notice and comment. MSHA also determined that it is unnecessary to delay the effective date. This technical amendment contains no new requirements for which the public would need time to plan compliance, beyond that provided for in the regulation itself. MSHA finds, therefore, that there is “good cause” to except this action from the 30-day delayed effective date requirement under 5 U.S.C. 553(d)(3) of the APA. List of Subjects in 30 CFR Part 3 Mine safety and health, Reporting and recordkeeping requirements. Patricia W. Silvey, Director, Office of Standards, Regulations and Variances. Accordingly, under the authority of 30 U.S.C. 957, chapter I of title 30, *Code of Federal Regulations* is amended as set forth below. PART 3—[AMENDED] 1. The authority citation for part 3 continues to read as follows: Authority: 30 U.S.C. 957; 44 U.S.C. 3501-3520. § 3.1 [Amended] 2. Amend § 3.1 by revising Table 1 to read as follows: Table 1.—OMB Control Numbers 30 CFR Citation OMB Control No. Subchapter B—Testing, Evaluation, and Approval of Mining Products 6.10 1219-0066 7.3 1219-0066 7.4 1219-0066 7.6 1219-0066 7.7 1219-0066 7.23 1219-0066 7.27 1219-0066 7.28 1219-0066 7.29 1219-0066 7.30 1219-0066 7.43 1219-0066 7.46 1219-0066 7.47 1219-0066 7.48 1219-0066 7.49 1219-0066 7.51 1219-0066 7.63 1219-0066 7.69 1219-0066 7.71 1219-0066 7.83 1219-0066 7.90 1219-0066 7.97 1219-0066 7.105 1219-0066 7.108 1219-0066 7.303 1219-0066 7.306 1219-0066 7.309 1219-0066 7.311 1219-0066 7.403 1219-0066 7.407 1219-0066 7.408 1219-0066 7.409 1219-0066 7.411 1219-0066 15.4 1219-0066 15.8 1219-0066 18.6 1219-0066 18.15 1219-0066 18.53 1219-0066, -0116 18.81 1219-0066 18.82 1219-0066 18.93 1219-0066 18.94 1219-0066 19.3 1219-0066 19.13 1219-0066 20.3 1219-0066 20.14 1219-0066 22.4 1219-0066 22.8 1219-0066 22.11 1219-0066 23.3 1219-0066 23.7 1219-0066 23.10 1219-0066 23.12 1219-0066 23.14 1219-0066 27.4 1219-0066 27.6 1219-0066 27.11 1219-0066 28.10 1219-0066 28.23 1219-0066 28.25 1219-0066 28.30 1219-0066 28.31 1219-0066 33.6 1219-0066 33.12 1219-0066 35.6 1219-0066 35.10 1219-0066 35.12 1219-0066 36.6 1219-0066 36.12 1219-0066 Subchapter G—Filing and Other Administrative Requirements 40.3 1219-0042 40.4 1219-0042 40.5 1219-0042 41.20 1219-0042 43.4 1219-0014 43.7 1219-0014 44.9 1219-0065 44.10 1219-0065 44.11 1219-0065 45.3 1219-0040 45.4 1219-0040 Subchapter H—Education and Training 46.3 1219-0131 46.5 1219-0131 46.6 1219-0131 46.7 1219-0131 46.8 1219-0131 46.9 1219-0131 46.11 1219-0131 47.31 1219-0133 47.32 1219-0133 47.32(a)(4) 1219-0133 47.41 1219-0133 47.51 1219-0133 47.71 1219-0133 47.73 1219-0133 48.3 1219-0009, -0141 48.9 1219-0009 48.23 1219-0009 48.29 1219-0009 49.2 1219-0078 49.3 1219-0078 49.4 1219-0078 49.6 1219-0078 49.7 1219-0078 49.8 1219-0078 49.9 1219-0078 49.12 1219-0144 49.16 1219-0144 49.18 1219-0144 49.50 1219-0144 Subchapter I—Accidents, Injuries, Illnesses, Employment, and Production in Mines 50.10 1219-0007, -0141 50.11 1219-0007, -0141 50.20 1219-0007 50.30 1219-0007 Subchapter K—Metal and Nonmetal Mine Safety and Health 56.1000 1219-0042 56.3203(a) 1219-0121 56.5005 1219-0048 56.13015 1219-0089 56.13030 1219-0089 56.14100 1219-0089 56.18002 1219-0089 56.19022 1219-0034 56.19023 1219-0034 56.19057 1219-0049 56.19121 1219-0034 57.1000 1219-0042 57.3203(a) 1219-0121 57.3461 1219-0097 57.5005 1219-0048 57.5037 1219-0003 57.5040 1219-0003 57.5047 1219-0039 57.5060 1219-0135 57.5065 1219-0135 57.5066 1219-0135 57.5067 1219-0135 57.5070 1219-0135 57.5071 1219-0135 57.5075 1219-0135 57.8520 1219-0016 57.8525 1219-0016 57.11053 1219-0046 57.13015 1219-0089 57.13030 1219-0089 57.14100 1219-0089 57.18002 1219-0089 57.19022 1219-0034 57.19023 1219-0034 57.19057 1219-0049 57.19121 1219-0034 57.22004(c) 1219-0103 57.22204 1219-0030 57.22229 1219-0103 57.22230 1219-0103 57.22231 1219-0103 57.22239 1219-0103 57.22401 1219-0096 57.22606 1219-0095 Subchapter M—Uniform Mine Health Regulations 62.110 1219-0120 62.130 1219-0120 62.170 1219-0120 62.171 1219-0120 62.172 1219-0120 62.173 1219-0120 62.174 1219-0120 62.175 1219-0120 62.180 1219-0120 62.190 1219-0120 Subchapter O—Coal Mine Safety and Health 70.201(c) 1219-0011 70.202(b) 1219-0011 70.204 1219-0011 70.209 1219-0011 70.210 1219-0011 70.220 1219-0011 70.220(a) 1219-0011 71.201(c) 1219-0011 71.202(b) 1219-0011 71.204 1219-0011 71.209 1219-0011 71.210 1219-0011 71.220 1219-0011 71.220(a) 1219-0011 71.300 1219-0011 71.301 1219-0011 71.301(d) 1219-0011 71.403 1219-0024 71.404 1219-0024 72.500 1219-0124 72.503 1219-0124 72.510 1219-0124 72.520 1219-0124 75.100 1219-0127 75.153(a)(2) 1219-0001 75.155 1219-0127 75.159 1219-0127 75.160 1219-0127 75.161 1219-0127 75.204(a) 1219-0121 75.215 1219-0004 75.220 1219-0004 75.221 1219-0004 75.222 1219-0004 75.223 1219-0004 75.310 1219-0088 75.312 1219-0088 75.335 1219-0142 75.336 1219-0142 75.337 1219-0142 75.338 1219-0142 75.342 1219-0088 75.350 1219-0138 75.351 1219-0088, -0116, -0138 75.352 1219-0138 75.360 1219-0088 75.361 1219-0088 75.362 1219-0088 75.363 1219-0088 75.364 1219-0088 75.370 1219-0088 75.371 1219-0088, -0138 75.372 1219-0073 75.373 1219-0073 75.382 1219-0088 75.512 1219-0116 75.703 1219-0116 75.703-3 1219-0116 75.800 1219-0116 75.800-4 1219-0116 75.820 1210-0116 75.821 1219-0116 75.900 1219-0116 75.900-4 1219-0116 75.1001-1 1219-0116 75.1100-3 1219-0054 75.1103-8 1219-0054 75.1103-11 1219-0054 75.1200 1219-0073 75.1200-1 1219-0073 75.1201 1219-0073 75.1202 1219-0073 75.1202-1 1219-0073 75.1203 1219-0073 75.1204 1219-0073 75.1204-1 1219-0073 75.1321 1219-0025 75.1327 1219-0025 75.1400-2 1219-0034 75.1400-4 1219-0034 75.1432 1219-0034 75.1433 1219-0034 75.1501 1219-0054 75.1502 1219-0054, -0141 75.1504 1219-0141 75.1505 1219-0141 75.1702 1219-0041 75.1712-4 1219-0024 75.1712-5 1219-0024 75.1713-1 1219-0078 75.1714-3 1219-0141 75.1714-3(e) 1219-0044 75.1714-4 1219-0044 75.1714-5 1219-0141 75.1714-8 1219-0141 75.1716 1219-0020 75.1716-1 1219-0020 75.1716-3 1219-0020 75.1721 1219-0073 75.1901 1219-0119 75.1904 1219-0119 75.1911 1219-0119 75.1912 1219-0119 75.1914 1219-0119 75.1915 1219-0119, -0124 77.100 1219-0127 77.103(a)(2) 1219-0001 77.105 1219-0127 77.106 1219-0127 77.107 1219-0127 77.107-1 1219-0127 77.215 1219-0015 77.215-2 1219-0015 77.215-3 1219-0015 77.215-4 1219-0015 77.216-2 1219-0015 77.216-3 1219-0015 77.216-4 1219-0015 77.216-5 1219-0015 77.502 1219-0116 77.800 1219-0116 77.800-2 1219-0116 77.900 1219-0116 77.900-2 1219-0116 77.1000 1219-0026 77.1000-1 1219-0026 77.1101 1219-0051 77.1200 1219-0073 77.1201 1219-0073 77.1202 1219-0073 77.1404 1219-0034 77.1432 1219-0034 77.1433 1219-0034 77.1702 1219-0078 77.1713 1219-0083 77.1900 1219-0019 77.1901 1219-0082 77.1906 1219-0034 77.1909-1 1219-0025 90.201(c) 1219-0011 90.202(b) 1219-0011 90.204 1219-0011 90.209 1219-0011 90.220 1219-0011 90.300 1219-0011 90.301 1219-0011 90.301(d) 1219-0011 [FR Doc. E8-14619 Filed 6-27-08; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG 2008-0500] Safety Zone; Fourth of July Fireworks, City of Sausalito, Sausalito, CA AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. SUMMARY: The Coast Guard will enforce the Fourth of July Fireworks, City of Sausalito, safety zone from 9 a.m. through 9:30 p.m. on July 4, 2008. This action is necessary to control vessel traffic and to ensure the safety of event participants and spectators. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM). DATES: The regulations in 33 CFR 165.1191 will be enforced from 9 a.m. through 9:30 p.m. on July 4, 2008. FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Sheral Richardson, Waterways Management Branch, U.S. Coast Guard Sector San Francisco, at
(415)399-7436. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone for the annual Fourth of July Fireworks, City of Sausalito, safety zone in 33 CFR 165.1191 on July 4, 2008, from 9 a.m. through 9:30 p.m. Under the provisions of 33 CFR 165.1191, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone during all applicable effective dates and times, unless authorized to do so by the PATCOM. Additionally, each person who receives notice of a lawful order or direction issued by an official patrol vessel shall obey the order of direction. The PATCOM is empowered to forbid and control the regulated area. The PATCOM shall be designated by the Commander, Coast Guard Sector San Francisco. The PATCOM may, upon request, allow the transit of commercial vessels through regulated areas when it is safe to do so. This notice is issued under authority of 33 CFR 165.1191 and 5 U.S.C. 552(a). In addition to this notice in the **Federal Register** , the Coast Guard will provide the maritime community with extensive advance notification of this enforcement period via the Local Notice to Mariners. If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: June 18, 2008. P.M. Gugg, Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco. [FR Doc. E8-14804 Filed 6-27-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG 2008-0512] Safety Zone; Vallejo Fourth of July Fireworks, Vallejo, CA AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. SUMMARY: The Coast Guard will enforce the Vallejo Fourth of July Fireworks Display safety zone for the city of Vallejo, from 8 p.m. through 10 p.m. on July 4, 2008. This action is necessary to control vessel traffic and to ensure the safety of event participants and spectators. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM). DATES: The regulations in 33 CFR 165.1191 will be enforced from 8 p.m. through 10 p.m. on July 4, 2008. FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Sheral Richardson, Waterways Management Branch, U.S. Coast Guard Sector San Francisco, at
(415)399-7436. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone for the annual Vallejo Fourth of July Fireworks in 33 CFR 165.1191 on July 4, 2008, from 8 p.m. through 10 p.m. Under the provisions of 33 CFR 165.1191, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone during all applicable effective dates and times, unless authorized to do so by the PATCOM. Additionally, each person who receives notice of a lawful order or direction issued by an official patrol vessel shall obey the order of direction. The PATCOM is empowered to forbid and control the regulated area. The PATCOM shall be designated by the Commander, Coast Guard Sector San Francisco. The PATCOM may, upon request, allow the transit of commercial vessels through regulated areas when it is safe to do so. This notice is issued under authority of 33 CFR 165.1191 and 5 U.S.C. 552(a). In addition to this notice in the **Federal Register** , the Coast Guard will provide the maritime community with extensive advance notification of this enforcement period via the Local Notice to Mariners. If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: June 18, 2008. P.M. Gugg, Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco. [FR Doc. E8-14803 Filed 6-27-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF EDUCATION 34 CFR Parts 674, 682, 685, and 686 [Docket ID ED-2008-OPE-0001] RIN 1840-AC93 The Teacher Education Assistance for College and Higher Education (TEACH) Grant Program and Other Federal Student Aid Programs; Correction AGENCY: Office of Postsecondary Education, Department of Education. ACTION: Final regulations; correction. SUMMARY: On June 23, 2008, we published final regulations in the **Federal Register** to establish regulations for the Teacher Education Assistance for College and Higher Education (TEACH) Grant program. That document inadvertently included several minor technical errors. This document corrects the final regulations. DATES: Effective July 1, 2008. FOR FURTHER INFORMATION CONTACT: Michelle Belton, U.S. Department of Education, 1990 K Street, NW., room 8031, Washington, DC 20006-8502. Telephone:
(202)502-7821 or via the Internet at: *Michelle.Belton@ed.gov* . If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339. Individuals with disabilities can obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the contact person listed in this section. SUPPLEMENTARY INFORMATION: Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister* . To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Corrections In rule FR Doc. E8-13587 published June 23, 2008 (73 FR 35472), make the following technical corrections: 1. On page 35494, column three, in amendatory instruction 26(A), remove the paragraph reference “(b)(2)(ii)” and, in its place, add the paragraph reference “(b)(4)(i)(B)”. 2. On page 35495, column one, correct amendment 33 to read as follows: 33. Section 682.204 is amended by: A. Adding paragraph (m). B. Adding an authority citation to read as follows: § 682.204 Maximum loan amounts.
(m)Any TEACH Grants that have been converted to Direct Unsubsidized Loans are not counted against annual or any aggregate loan limits under paragraphs (c), (d), (e), and
(f)of this section. (Authority: 20 U.S.C. 1070g, 1078, 1078-2, 1078-3, 1078-8) . 3. On page 35495, column two, in amendatory instruction 35(A), remove the paragraph reference “(c)(1)(ii)(B)” and, in its place, add the paragraph reference “(c)(4)(i)(B)”. 4. On page 35495, column two, in amendatory instruction 39(A), remove the paragraph reference “(c)(2)” and, in its place, add the paragraph reference “(d)(1)(ii)”. 5. On page 35495, column three, after amendatory instruction 41, add the heading for Part 686 to read as follows: PART 686—TEACHER EDUCATION ASSISTANCE FOR COLLEGE AND HIGHER EDUCATION (TEACH) GRANT PROGRAM Dated: June 26, 2008. Sara Martinez Tucker, Under Secretary for Education. (Catalog of Federal Domestic Assistance Numbers: 84.007 Federal Supplemental Educational Opportunity Grant Program; 84.032 Federal Family Education Loan Program; 84.033 Federal Work Study; 84.038 Federal Perkins Loan Program; 84.063 Federal Pell Grant Program; 84.069 Leveraging Education Assistance Partnerships; 84.268 William D. Ford Federal Direct Loan Program; 84.379 TEACH Grant program) [FR Doc. E8-14850 Filed 6-27-08; 8:45 am] BILLING CODE 4000-01-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Part 1280 RIN 3095-AB33 [Docket NARA-08-0002] Use of Meeting Rooms and Public Space AGENCY: National Archives and Records Administration (NARA). ACTION: Final rule. SUMMARY: NARA is amending its regulations on public use of the National Archives Building in Washington, DC, for meetings or special events. This rule incorporates changes in available space as a result of the renovation of the National Archives Building by identifying the kinds of space available and procedures for requesting use. NARA also will charge fees for the use of public areas in the National Archives Building in accordance with 44 U.S.C. 2903(b). This rule affects the public. DATES: *Effective Date:* July 30, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Davis Heaps at 301-837-1850, or fax at 301-837-0319. SUPPLEMENTARY INFORMATION: On April 4, 2008, NARA published a proposed rule (73 FR 18462) for a 60-day public comment period updating text in the regulations relating to the availability of public spaces in the National Archives Building and the National Archives at College Park, Maryland, for private, non-official use, including meetings and special events. We notified several listservs and researcher organizations about the proposed rule and its availability on regulations.gov. We also posted a notice about the rule on our Web site, *http://www.archives.gov.* We received no comments. We are adopting the proposed rule as a final rule without change. This rule is not a significant regulatory action for the purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget. As required by the Regulatory Flexibility Act, I certify that this rule will not have a significant impact on a substantial number of small entities because it affects individuals. This regulation does not have any federalism implications. This rule is not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. List of Subjects in 36 CFR Part 1280 Archives and records, Federal buildings and facilities. For the reasons set forth in the preamble, NARA amends part 1280 of title 36, Code of Federal Regulations, as follows: PART 1280—USE OF NARA FACILITIES 1. The authority citation for part 1280 is revised to read as follows: Authority: 44 U.S.C. 2102 notes, 2104(a), 2112, 2903 2. Amend § 1280.1 by revising paragraph
(a)to read as follows: § 1280.1 What is the purpose of this part?
(a)This part tells you what rules you must follow when you use property under the control of the Archivist of the United States (see § 1280.2 of this part). § 1280.34 [Amended] 3. Amend § 1280.34 as follows: a. Remove “Assistant Archivist for Administrative Services” in paragraphs
(b)and
(c)and add in place “Assistant Archivist for Administration.” b. Remove “36 CFR 1254.20” in the third sentence of paragraph
(b)and add in place “36 CFR 1254.48.” 4. Amend § 1280.46 by revising paragraph (b)(3) to read as follows: § 1280.46 What are the rules for filming, photographing, or videotaping on NARA property for personal use?
(b)* * *
(3)You may not film, photograph, or videotape while on the interior steps or ramp leading to the Declaration of Independence, the Constitution, and the Bill of Rights in the Rotunda of the National Archives Building. 5. Amend § 1280.48 by revising paragraph
(a)and amending paragraph
(f)by revising the first sentence to read as follows: § 1280.48 How do I apply to film, photograph, or videotape on NARA property for news purposes?
(a)If you wish to film, photograph, or videotape for news purposes at the National Archives Building (as delineated in § 1280.2(a)), the National Archives at College Park, or the Washington National Records Center, you must request permission from the NARA Public Affairs Officer, 700 Pennsylvania Avenue, NW., Washington, DC 20408-0001. See also § 1280.42(b) for additional permissions relating to the Washington National Records Center.
(f)This section does not apply to you if you have permission to use your own microfilming equipment to film archival records and donated historical materials under the provisions of 36 CFR 1254.90 through 1254.110. * * * 6. Amend § 1280.52 by revising the third sentence of paragraph
(a)as follows: § 1280.52 What are the rules for filming, photographing, or videotaping on NARA property for news purposes?
(a)* * * If the Public Affairs Officer approves your use of artificial lighting in the Rotunda, NARA will use facsimiles in place of the Declaration of Independence, the Constitution, and the Bill of Rights. * * * 7. Revise § 1280.68 to read as follows: § 1280.68 May I use the cafeterias? Yes, the Charters Café in the National Archives Building is normally open to the public Monday through Friday, 10 a.m. to 4 p.m. and the cafeteria at the National Archives at College Park is open to the public from 8 a.m. to 4 p.m. 8. Revise subpart D to read as follows: Subpart D—What Rules Apply to Use NARA Public Areas in the Washington, DC, Area? General Sec. 1280.70 When does NARA allow non-NARA groups to use the public areas of NARA property? 1280.71 What are the general rules for using NARA property in the Washington, DC, area? 1280.72 What additional rules apply for a NARA approved event? National Archives Building, Washington, DC 1280.74 What spaces in the National Archives Building are available for use by non-NARA groups and organizations? 1280.76 When are the public areas available for private events in the National Archives Building? 1280.78 Does NARA charge fees for the use of public areas in the National Archives Building? 1280.80 How do I request to use NARA public areas in the National Archives Building? 1280.82 How will NARA handle my request to use public areas in the National Archives Building? 1280.84 May I ask to use the Rotunda? National Archives at College Park, MD 1280.85 What space in the National Archives at College Park is available for use by non-NARA groups and organizations? 1280.86 When are the public areas available for events in the National Archives at College Park? 1280.87 Does NARA charge fees for the use of public areas in the National Archives at College Park? 1280.88 How do I request to use NARA public areas in the National Archives at College Park? 1280.89 How will NARA handle my request to use public areas in the National Archives at College Park? Subpart D—What Rules Apply to Use NARA Public Areas in the Washington, DC, Area? General § 1280.70 When does NARA allow non-NARA groups to use the public areas of NARA property?
(a)The primary use of NARA property in the Washington, DC, area (the National Archives Building and the National Archives at College Park), including those areas open to the public, is the conduct of official NARA business, including public programs and other activities conducted in conjunction with government and non-government organizations and the Foundation for the National Archives (“Foundation”). In conducting official business, NARA and its partners use all of the public areas of the Washington, DC, area facilities. There are no public areas in the Washington National Records Center in Suitland, MD.
(b)NARA may permit, under the conditions described in this subpart, the occasional use of certain public areas by other Federal agencies, quasi-Federal agencies, and state, local, and tribal government organizations for official activities. NARA also permits the occasional, non-official use of its public areas by organizations when the activity relates to or furthers NARA's archival, records, or other programs. § 1280.71 What are the general rules for using NARA property in the Washington, DC, area? In addition to the rules listed in Subparts A, B, and C of this part, you must adhere to the following rules when using NARA public spaces:
(a)All use must relate to or further the archival, records, or other activities of NARA. Examples of use that meet this standard include programs that promote research in or the dissemination and use of NARA holdings, including educational programs and materials, the preservation of NARA holdings or the historical records and documentary materials of other institutions, and the use and enjoyment of NARA exhibits.
(b)All use must be consistent with the public perception of NARA as an archival and research institution.
(c)When NARA cohosts an activity with the Foundation or other organizations, NARA must be identified as the cohost in all materials and publicity relating to the activity.
(d)When NARA has authorized your organization to use NARA property, you may not characterize your use of NARA property as an endorsement by NARA of your organization or its activities, or otherwise suggest an official relationship between NARA and your organization.
(e)You are not allowed to charge an admission fee or make any indirect assessment for admission, and you may not otherwise collect money at the event.
(f)You may not use NARA property or permission to use that property to advertise, promote, or sell commercial enterprises, products, or services, or for partisan political, sectarian, or similar purposes.
(g)You may not use NARA property if you or your organization or group engages in discriminatory practices proscribed by the Civil Rights Act of 1964, as amended.
(h)You must not misrepresent your identity to the public nor conduct any activities in a misleading or fraudulent manner.
(i)You must ensure that no Government property is destroyed, displaced, or damaged during your use of NARA public areas. You must take prompt action to replace, return, restore, repair or repay NARA for any damage caused to Government property during the use of NARA facilities. § 1280.72 What additional rules apply for a NARA approved event?
(a)Approved applicants must provide support people as needed to register guests, distribute approved literature, name tags, and other material.
(b)We must approve in advance any item that you plan to distribute or display during your use of NARA property, or any notice or advertisement that refers, directly or indirectly, to NARA, the Foundation for the National Archives, or the National Archives Trust Fund, or incorporates any of the seals described in 36 CFR 1200.2.
(c)We must approve in advance any vendor or caterer who will work in NARA facilities. You must comply with all NARA requirements for the use of food and drink at your event.
(d)No food or drink may be present or consumed in areas where original records or historical materials are displayed. National Archives Building, Washington, DC § 1280.74 What spaces in the National Archives Building are available for use by non-NARA groups and organizations? You may ask to use the following areas in the National Archives Building, Washington, DC: Area Capacity Rotunda Galleries 250 persons. William G. McGowan Theater 290 persons. Archivist's Reception Room 125 persons. Presidential Conference Rooms 20 to 70 persons. § 1280.76 When are the public areas available for private events in the National Archives Building? Most public areas are available for set-up and use on weekdays from 6 p.m. until 10:30 p.m. during the fall and winter seasons (day after Labor Day through March 14). The areas are available for set-up and use from 7:30 p.m. until 10:30 p.m. in the spring season (March 15 through Labor Day). The areas are not available during weekends or on Federal holidays. A NARA staff member must be present at all times when non-NARA groups use NARA spaces. § 1280.78 Does NARA charge fees for the use of public areas in the National Archives Building?
(a)NARA is authorized to charge fees for the occasional, non-official use of its public areas, as well as for services related to such use, including additional cleaning, security, and other staff services. NARA will either exercise this authority directly, or, for activities co-sponsored with the Foundation for the National Archives, as part of your group's arrangements with the Foundation.
(b)We will inform organizations interested in using public spaces in the National Archives Building in advance and in writing of the total estimated cost associated with using the public area of interest. Fees NARA charges are paid to the National Archives Trust Fund.
(c)Federal and quasi-Federal agencies, State, local, and tribal governmental institutions using public space for official government functions pay fees to the National Archives Trust Fund only for the costs for additional cleaning, security, and other staff services NARA provides. § 1280.80 How do I request to use NARA public areas in the National Archives Building?
(a)Direct your request to use space to: Special Events Division Director (AI); National Archives and Records Administration, 700 Pennsylvania Avenue, NW., Room G-9, Washington, DC 20408. Request by telephone at 202-357-5164 or by fax at 202-357-5926.
(b)You must submit requests, signed by an authorized official of your organization, to use NARA public areas at least 30 calendar days before the proposed event is to occur.
(c)OMB control number 3095-0043 has been assigned to the information collection contained in this section. § 1280.82 How will NARA handle my request to use public areas in the National Archives Building?
(a)When you ask to use property in the National Archives Building, we review your request to:
(1)Ensure that it meets all of the provisions in this subpart;
(2)Determine if the public area you have requested is available on the date and time you have requested;
(3)Evaluate whether your proposed use is appropriate for the requested space; and
(4)Determine the costs of the event.
(b)When we have completed this review, we will notify you of the decision. We may ask for additional information before deciding whether or not to approve your event.
(c)NARA reserves the right to review, reject, or require changes in any material, activity, or caterer you intend to use for the event. § 1280.84 May I ask to use the Rotunda? The Rotunda is primarily used for the public exhibition of the Charters of Freedom and other documents from NARA's holdings. NARA also uses the Rotunda for activities that further its Strategic Plan. Therefore, the use of the Rotunda for private events is not permitted. NARA may, upon application, permit other Federal agencies, quasi-Federal agencies, and State, local, and tribal governments to use the Rotunda for official functions, with NARA as a co-sponsor. Governmental groups that use the Rotunda for official functions must reimburse NARA for the cost of additional cleaning, security, and other staff services. National Archives at College Park, MD § 1280.85 What space in the National Archives at College Park is available for use by non-NARA groups and organizations? You may ask to use the following areas: Area Capacity Auditorium 300. Lecture Rooms 30 to 70 persons (or up to 300 with all dividers removed). § 1280.86 When are the public areas available for events in the National Archives at College Park? Most areas are available for set-up and use from 8 a.m. until 9:30 p.m., Monday through Friday, and from 9 a.m. until 4:30 p.m. on Saturday. A NARA staff member must be present at all times when the public area is in use. If the space and staff are available, we may approve requests for events held before or after these hours and on Sunday. § 1280.87 Does NARA charge fees for the use of public areas in the National Archives at College Park? NARA may charge a fee under 44 U.S.C. 2903(b) for the use of public areas at the National Archives at College Park. We inform organizations in advance and in writing of the total estimated cost of using the public area. Federal and quasi-Federal agencies, State, local, and tribal governmental institutions using public space for official government functions pay fees to the National Archives Trust Fund only for the costs for additional cleaning, security, and other staff services NARA provides. § 1280.88 How do I request to use NARA public areas in the National Archives at College Park?
(a)Direct your request to use space to: Special Events Coordinator (AII); Facilities and Personal Property Management Division; National Archives and Records Administration; 8601 Adelphi Road, College Park, MD 20740-6001. Request by telephone at 301-837-1900, or by fax at 301-837-3237.
(b)You must submit requests for use of NARA public areas at least 30 calendar days before the proposed event is to occur.
(c)OMB control number 3095-0043 has been assigned to the information collection contained in this section. § 1280.89 How will NARA handle my request to use public areas in the National Archives at College Park?
(a)When you ask to use public areas at the National Archives at College Park, we will review your request to:
(1)Ensure that it meets all of the provisions in this subpart;
(2)Determine if the room you have requested is available on the date and time you have requested; and
(3)Determine the cost of the event.
(b)When we have completed this review, we will notify you of the decision. We may ask for additional information before deciding whether or not to approve your event.
(c)NARA reserves the right to review, reject, or require changes in any material, activity, or caterer you intend to use for the event. Dated: June 23, 2008. Allen Weinstein, Archivist of the United States. [FR Doc. E8-14706 Filed 6-27-08; 8:45 am] BILLING CODE 7515-01-P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Parts 17 and 70 RIN 2900-AM02 Beneficiary Travel Under 38 U.S.C. 111 Within the United States AGENCY: Department of Veterans Affairs. ACTION: Final rule. SUMMARY: This document amends the beneficiary travel regulations of the Department of Veterans Affairs
(VA)that provide a mechanism for payment of travel expenses within the United States under 38 U.S.C. 111 to help veterans and other persons obtain care and services from VA's Veterans Health Administration (VHA). The amended regulations more fully implement the statutory provisions governing such payments. DATES: *Effective Date:* This final rule is effective July 30, 2008. FOR FURTHER INFORMATION CONTACT: Tony Guagliardo, Chief Business Office (16), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420;
(202)254-0406. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: This document revises the beneficiary travel regulations that were previously captioned “Transportation of Claimants and Beneficiaries.” The revised regulations, set forth at 38 CFR part 70, provide a mechanism for payment of travel expenses within the United States under 38 U.S.C. 111 to help veterans and other persons obtain care and services from VHA, a subunit within VA. This final rule adopts, with changes discussed below, the provisions of the corresponding proposed rule published in the **Federal Register** on July 23, 2007 (72 FR 40096), based on the rationale set forth in the proposed rule and this document. The proposed rule provided for a 60-day comment period which ended September 21, 2007. We received comments from one commenter. We discuss below issues raised by the commenter. The commenter asserted that the revised regulations should cover those aspects of beneficiary travel administered by the Veterans Benefit Administration (VBA), one of the Administrations within VA, and that we should add a definition of VBA. We made no changes based on these comments. These regulations properly concern, insofar as they apply to the VBA programs discussed in this comment, the beneficiary travel program administered by VHA under 38 U.S.C. 111 for eligible beneficiaries traveling to and from a Department facility in connection with vocational rehabilitation or incident to a scheduled Compensation and Pension examination. Additional transportation benefits available to vocational rehabilitation participants are, however, administered by VBA in accordance with chapter 31 of title 38, United States Code. As such, they are beyond the travel benefits authorized by section 111 and are properly administered pursuant to separate regulations (see, e.g., 38 CFR 21.154). The commenter asserted that we should add a definition of “beneficiary” to read: “Beneficiary means a person determined eligible for VHA benefits and who, subject to these regulations, is engaged in official business for the Government and authorized to travel at Government expense.” We made no changes based on this comment. Such a definition would not be correct. A covered beneficiary's travel must be for the limited purpose of obtaining a specific VA benefit or another purpose that qualifies under this rule. Such travel is not undertaken in connection with the conduct of official business on behalf of the Government. The commenter asserted that we should amend the regulations to provide that any recipient of benefits under 38 U.S.C. chapter 18 who travels to or from a VA facility or VA-authorized health care facility for care or services is eligible to receive beneficiary travel benefits under section 111. We made no changes based on this comment. For purposes of chapter 18, the definition of “health care” includes, among other things, direct transportation costs to and from approved sources of health care. The authority for travel benefits under chapter 18 is 38 U.S.C. 1803(c) and 1813(c), not section 111. These travel benefits are administered separately by VA's Health Administration Center, pursuant to 38 CFR 17.900 *et seq.* The proposed rule explained that beneficiaries of the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) had previously been included in error among the groups eligible for beneficiary travel benefits under section 111. The commenter responded that this change should enable VA to have more funds available for those who are in fact eligible for beneficiary travel benefits, permitting VA to increase its reimbursement rates. However, funds allocated for the payment of beneficiary travel benefits under 38 U.S.C. 111 have not been used to pay for CHAMPVA beneficiaries' travel claims. Instead, those claims have been paid with funds allocated to the Health Administration Center, which administers the CHAMPVA program. Consequently, the amendment does not adjust the funding amounts available for the beneficiary travel program and is for clarification only. Under the provisions of § 70.30(a)(1) as proposed, the Secretary would be authorized to establish a per mile rate for travel by a privately owned vehicle. Further, proposed § 70.30(a)(1)(iv) explained how VA would comply with the statutory provisions of 38 U.S.C. 111(g)(1), which require the Secretary, in consultation with the Administrator of General Services, the Secretary of Transportation, the Comptroller General of the United States, and representatives of veterans' service organizations, to conduct periodic investigations and other investigations required by that section on the actual cost of travel incurred by VA beneficiaries traveling to and from a Department facility for a covered purpose. Those provisions further explained how VA would provide notification of current mileage reimbursement rates. The commenter responded that the Secretary should be bound by the costs identified during such investigations, when determining VA's reimbursement rates. The commenter further stated that any rate that is less than that prescribed for Federal employee travel should be required to be fully justified in the **Federal Register** . We made no changes based on these comments. Although the Secretary, when conducting investigations and determining rates under section 111, is required to take into consideration the actual cost of travel, along with other factors specified in the law, it is vital that the Secretary also be able to take into consideration the ramifications of diverting funds from direct medical care for the purpose of increasing mileage reimbursement rates for the few categories of veterans eligible for beneficiary travel benefits. Indeed, in our view, by not tying the rates payable under section 111 to any other Federal travel program or otherwise mandating the reimbursement level, Congress implicitly recognized the need for this flexibility. Since the process and public notice provided for in § 70.31(a)(1) are appropriate under the applicable statutory provisions, we believe that there is no need for change based on the commenter's suggestions. As we discuss below, this final rule makes a number of changes from the proposed rule in § 70.31, Deductibles. The proposed rule provided that VA will publish a notice of any change in the rates in the **Federal Register** and make current rates available on the Internet. In this final rule, we provide the correct Internet address for the rates in § 70.31(a)(2). Proposed § 70.31(a) had stated, concerning reimbursement for travel to and from VA or VA-authorized health care, that VA shall deduct an amount established by the Secretary for each one-way trip from the amount otherwise payable under part 70 for such one-way trip except in limited circumstances, and had referred in parentheses to the then-current deductible. This final rule removes that parenthetical, which no longer is accurate, and provides a means for access to what the actual deductibles are. The Secretary raised the mileage reimbursement rate for travel under 38 U.S.C. 111 from 11 cents per mile to 28.5 cents per mile effective February 1, 2008, for the reasons stated in a Notice published in the **Federal Register** on February 1, 2008 (73 FR 6291), which referred to the authority in 38 U.S.C. 111 and the provision in the 2008 Appropriations Act funding an increase in the beneficiary travel mileage reimbursement rate to 28.5 cents per mile. The law requires that whenever the mileage reimbursement rates are increased, there must be a proportionate increase in the deductible amount. Accordingly, that notice announced an increase in the deductible, which for a one-way trip is $7.77. This final rule reflects in § 70.31(a) a Web site and offices at which the public can obtain this and any future change to the deductible amounts. The Secretary is authorized to waive the deductible requirements when the imposition of the deductible would cause the beneficiary severe financial hardship. Proposed § 70.31(c) concerned implementation of this waiver authority. We are aware that, in general, deductibles and other similar cost sharing requirements constitute a barrier to access to care for those with limited income. Given the significant increase in the deductible and increasing fuel costs, many veterans will now experience financial hardship in meeting the increased deductible requirement. Therefore, the Secretary, acting within his discretionary authority, has concluded it is necessary to expand the categories of beneficiaries who are exempt from the deductible requirement to ensure their continued access to VA health care. Thus, § 70.31 provides that the following three circumstances will constitute evidence of severe financial hardship for purposes of this section:
(1)The beneficiary is in receipt of a VA pension;
(2)the beneficiary has income for the year prior to the year of application made pursuant to § 70.20 that does not exceed the household income threshold determined under 38 U.S.C. 1722(a); or
(3)the beneficiary's projected income for the year of application does not exceed the household income threshold determined under 38 U.S.C. 1722(a). In addition, we have added in the final rule a provision to clarify the length of time for which a waiver granted under this section will be valid and effective. While implicit in both the current provisions in 38 CFR part 17 and in the proposed rule, we believe it preferable from a notice perspective to include this in the actual text of the regulation. Under the provisions of § 70.31(d) in this final rule, waivers granted under § 70.31(c) will be in effect:
(1)To the end of the calendar year of the application; or
(2)until there is a change in the beneficiary's household income status during the calendar year of application that results in the beneficiary no longer meeting the provisions of § 70.31(c) concerning severe financial hardship. We have also changed § 70.31 by adding paragraph (e), which requires beneficiaries granted a waiver to promptly inform VA of any household income changes during the waiver period that result in their no longer meeting the severe financial hardship provisions of § 70.31(c). This is intended to ensure that those beneficiaries receiving a waiver of the deductible requirement meet eligibility criteria for it. We are, where applicable, making changes in the final rule to display the approved information collection control numbers that have been assigned by the Office of Management and Budget (OMB). This final rule also makes changes from the proposed rule by making a number of minor clarifications and punctuation corrections. Based on the rationale set forth in the proposed rule and in this document, we are adopting the provisions of the proposed rule as a final rule without change, except as stated above. Executive Order 12866 Executive Order 12866 directs agencies to assess all 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, and other advantages; distributive impacts; and equity). The Executive Order classifies 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 the Executive Order. The economic, interagency, budgetary, legal, and policy implications of this rule have been examined and it has been determined to be a significant regulatory action under the Executive Order because it is likely to result in a rule that may raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order and/or materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof. 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 given year. This rule would have no such effect on State, local, and tribal governments, or on the private sector. Paperwork Reduction Act of 1995 This final rule contains provisions that constitute collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). OMB has approved those collections under control numbers 2900-0080 and 2900-0091. (We determined that it was not necessary to obtain OMB approval for the proposed information collection that was inadvertently described in the preamble of the proposed rule as requiring OMB approval. We did not receive any comments concerning that proposed information collection.) We display the control number under the applicable sections of the regulations in this final rule. OMB assigns a control number for each collection of information it approves. VA may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Regulatory Flexibility Act VA hereby certifies that the provisions of the 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. 601-602. This rule primarily affects individuals and any effects on small businesses would be inconsequential. Therefore, pursuant to 5 U.S.C. 605(b), this rule is exempt from the initial and final regulatory flexibility analysis requirement of sections 603 and 604. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance program numbers and titles are 64.007, Blind Rehabilitation Centers; 64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans Dental Care; 64.013, Veterans Prosthetic Appliances; 64.018, Sharing Specialized Medical Resources; 64.019, Veterans Rehabilitation Alcohol and Drug Dependence; and 64.022, Veterans Home Based Primary Care. List of Subjects in 38 CFR Parts 17 and 70 Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Day care, Dental health, Drug abuse, Foreign relations, Government contracts, Grant programs—health, Grant programs—veterans, Health care, Health facilities, Health professions, Health records, Homeless, Medical and dental schools, Medical devices, Medical research, Mental health programs, Nursing homes, Philippines, Reporting and recordkeeping requirements, Scholarships and fellowships, Travel and transportation expenses, Veterans. Approved: March 31, 2008. James B. Peake, Secretary of Veterans Affairs. For the reasons set forth in the preamble, the Department of Veterans Affairs amends 38 CFR chapter I as follows: PART 17—MEDICAL 1. The authority citation for part 17 continues to read as follows: Authority: 38 U.S.C. 501, 1721, and as stated in specific sections. § 17.38 [Amended] 2. In § 17.38, revise paragraph (a)(1)(xii) to read as follows: § 17.38 Medical benefits package.
(a)* * *
(1)* * *
(xii)Payment of beneficiary travel as authorized under 38 CFR part 70. §§ 17.143 through 17.145 [Removed] 3. Remove §§ 17.143 through 17.145 and the undesignated center heading “TRANSPORTATION OF CLAIMANTS AND BENEFICIARIES”. 4. Add a new part 70 to read as follows: PART 70—VHA BENEFICIARY TRAVEL UNDER 38 U.S.C. 111 Sec. 70.1 Purpose and scope. 70.2 Definitions. 70.3 Determination of Secretary. 70.4 Criteria for approval. 70.10 Eligible persons. 70.20 Application. 70.21 Where to apply. 70.30 Payment principles. 70.31 Deductibles. 70.32 Reimbursement or prior payment. 70.40 Administrative procedures. 70.41 Recovery of payments. 70.42 False statements. 70.50 Reduced fare requests. Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302. § 70.1 Purpose and scope.
(a)This part provides a mechanism under 38 U.S.C. 111 for the Veterans Health Administration
(VHA)to make payments for travel expenses incurred in the United States to help veterans and other persons obtain care or services from VHA.
(b)This part does not cover payment for emergency transportation of veterans for non-service-connected conditions in non-VA facilities when the payment for transportation is covered by §§ 17.1000 through 17.1008 of this chapter, as authorized by 38 U.S.C. 1725. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.2 Definitions. For purposes of this part: *Attendant* means an individual traveling with a beneficiary who is eligible for beneficiary travel and requires the aid and/or physical assistance of another person. *Beneficiary* means a person determined eligible for VHA benefits. *Claimant* means a veteran who received services (or his/her guardian) or the hospital, clinic, or community resource that provided the services, or the person other than the veteran who paid for the services. *Clinician* means a Physician, Physician Assistant (PA), Nurse Practitioner (NP), Psychologist, or other independent licensed practitioner. *Emergency treatment* means treatment for a condition of such a nature that a prudent layperson would have reasonably expected that delay in seeking immediate medical attention would have been hazardous to life or health (this standard would be met if there were an emergency medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in placing the health of the individual in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part). *Irregular discharge* means the release of a competent patient from a VA or VA-authorized hospital, nursing home, or domiciliary care due to: refusal, neglect or obstruction of examination or treatment; leaving without the approval of the treating health care clinician; or disorderly conduct and discharge is the appropriate disciplinary action. *Special mode of transportation* means an ambulance, ambulette, air ambulance, wheelchair van, or other mode of transportation specially designed to transport disabled persons (this would not include a mode of transportation not specifically designed to transport disabled persons, such as a bus, subway, taxi, train, or airplane). A modified, privately-owned vehicle, with special adaptive equipment and/or capable of transporting disabled persons is not a special mode of transportation for the purposes of this part. *United States* means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. *VA* means the Department of Veterans Affairs. *VA-authorized health care facility* means a non-VA health care facility where VA has approved care for an eligible beneficiary at VA expense. *VA facility* means VA Medical Center (VAMC), VA Outpatient Clinic (OPC), or VA Community Based Outpatient Clinic (CBOC). *VHA* means the Veterans Health Administration, a principal unit within VA. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.3 Determination of Secretary. For each fiscal year, the Secretary of Veterans Affairs will determine whether funds are available for paying expenses of VHA beneficiary travel under 38 U.S.C. 111. If the Secretary determines that funds are available for such purpose, VA will make payment for expenses of such travel in accordance with the provisions of this part. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.4 Criteria for approval.
(a)VA will approve payment for beneficiary travel under this part if:
(1)The travel was made to obtain care or services for a person who is eligible for beneficiary travel payments under § 70.10,
(2)The travel was in connection with care or services for which such person was eligible under the laws administered by VA,
(3)Application was made in accordance with § 70.20,
(4)All of the requirements of this part for payment are met, and
(5)Any failure to obtain the care or services was due to actions by officials of VA or persons acting on behalf of VA.
(b)When a claimant requests payment for beneficiary travel after the provision of care or services and the travel did not include a special mode of transportation, VA will approve round-trip payment under this part only if the travel was:
(1)In connection with care or services that were scheduled with VHA prior to arrival at the VHA-designated facility, or
(2)For emergency treatment.
(c)When a claimant requests payment for beneficiary travel for care or services that were not scheduled with VHA prior to arrival at the facility and were not emergency treatment and the travel did not include a special mode of transportation, VA will not approve round-trip payment under this part but will approve payment for the return trip if VHA actually provided care or services.
(d)Except as provided in § 70.32 concerning reimbursement or prior payment, when payment for beneficiary travel is requested for travel that includes a special mode of transportation, VA will approve payment under this part if:
(1)The travel is medically required,
(2)The beneficiary is unable to defray the cost of such transportation, and
(3)VHA approved the travel prior to travel in the special mode of transportation or the travel was undertaken in connection with a medical emergency. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.10 Eligible persons.
(a)The following listed persons are eligible for beneficiary travel payments under this part:
(1)A veteran who travels to or from a VA facility or VA-authorized health care facility in connection with treatment or care for a service-connected disability (regardless of percent of disability).
(2)A veteran with a service-connected disability rated at 30 percent or more who travels to or from a VA facility or VA-authorized health care facility for examination, treatment, or care for any condition.
(3)A veteran who travels to a VA facility or VA-authorized health care facility for a scheduled compensation and pension examination.
(4)A veteran receiving pension under 38 U.S.C. 1521, who travels to or from a VA facility or VA-authorized health care facility for examination, treatment, or care.
(5)A veteran whose annual income (as determined under 38 U.S.C. 1503) does not exceed the maximum annual rate of pension that the veteran would receive under 38 U.S.C. 1521 (as adjusted under 38 U.S.C. 5312) if the veteran was eligible for pension and travels to or from a VA facility or VA-authorized health care facility for examination, treatment, or care.
(6)A veteran who travels to or from a VA facility or VA-authorized health care facility for examination, treatment, or care, and who is unable to defray the expenses of that travel as defined in paragraph
(c)of this section.
(7)A member of a veteran's immediate family, a veteran's legal guardian, or a person in whose household the veteran certifies an intention to live, if such person is traveling for consultation, professional counseling, training, or mental health services concerning a veteran who is receiving care for a service-connected disability; or a member of a veteran's immediate family, if such person is traveling for bereavement counseling relating to the death of such veteran in the active military, naval, or air service in the line of duty and under circumstances not due to the veteran's own misconduct.
(8)An attendant other than a VA employee, who is accompanying and assisting a beneficiary eligible for beneficiary travel payments under this section, when such beneficiary is medically determined to require the presence of the attendant because of a physical or mental condition.
(9)Beneficiaries of other Federal agencies, incident to medical services rendered upon requests of those agencies, subject to reimbursement agreement by those agencies.
(10)Allied beneficiaries as defined by 38 U.S.C. 109 subject to reimbursement agreement by the government concerned.
(b)For purposes of this section, the term “examination, treatment, or care” means the care services provided under the Medical Benefits Package in § 17.38 of this chapter.
(c)For purposes of this section, a beneficiary shall be considered unable to defray the expenses of travel if the beneficiary:
(1)Has an income for the year (as defined under 38 U.S.C. 1503) immediately preceding the application for beneficiary travel that does not exceed the maximum annual rate of pension that the beneficiary would receive under 38 U.S.C. 1521 (as adjusted under 38 U.S.C. 5312) if the beneficiary were eligible for pension during that year; or
(2)Is able to demonstrate that due to circumstances such as loss of employment, or incurrence of a disability, his or her income in the year of travel will not exceed the maximum annual rate of pension that the beneficiary would receive under 38 U.S.C. 1521 (as adjusted under 38 U.S.C. 5312) if the beneficiary were eligible for pension; or
(3)Has a service-connected disability rated at least 30 percent; or
(4)Is traveling in connection with treatment of a service-connected disability. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.20 Application.
(a)A claimant may apply for beneficiary travel orally or in writing but must provide VA the receipt for each expense other than for mileage.
(b)A claimant must apply for payment of beneficiary travel within 30 calendar days after completing beneficiary travel that does not include a special mode of transportation.
(c)For beneficiary travel that includes a special mode of transportation, a claimant must apply for payment of beneficiary travel and obtain approval from VA prior to the travel; however, if the travel included a special mode of transportation and the claimant without prior approval applies for payment of the beneficiary travel within 30 calendar days after the travel is completed, the application will be considered timely submitted if the travel was for emergency treatment.
(d)Notwithstanding other provisions of this section, for travel that includes meals and/or lodging, a claimant must apply for and receive approval prior to obtaining the meals and/or lodging in order to receive payment in accordance with § 70.30(a)(3) for the meals and/or lodging.
(e)If VA determines that additional information is needed to make a determination concerning an application under this part, VA will notify the claimant in writing of the deficiency and request additional information. If the claimant has not responded to the request within 30 days, VA may decide the claim prior to the expiration of the 1-year submission period required by 38 U.S.C. 5103(b)(1) based on all the information contained in the file, including any information it has obtained on behalf of the claimant. If VA does so, however, and the claimant subsequently provides the information within 1 year of the date of the request, VA must readjudicate the claim.
(f)Notwithstanding other provisions of this section, if a person becomes eligible for payment of beneficiary travel after the travel takes place, payment may be made if the person applies for travel benefits within 30 days of the date when the person became eligible for travel benefits.
(g)The date of an application for beneficiary travel is the postmark date, if mailed; or the date of submission if hand delivered, provided by electronic means, or provided orally. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) (The Office of Management and Budget has approved the information collection provisions in this section under control number 2900-0080.) § 70.21 Where to apply. Claimants for beneficiary travel must submit the information required in § 70.20 to the Chief of the Business Office or other designee at the VA medical facility responsible for the medical care or services being provided and for which travel is required. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.30 Payment principles.
(a)Subject to the other provisions of this section and subject to the deductibles required under § 70.31, VA will pay the following for beneficiary travel by an eligible beneficiary when travel expenses are actually incurred:
(1)The per mile rate established by the Secretary for the period of travel for use of privately owned vehicle or the actual cost for use of the most economical common carrier (bus, train, taxi, airplane, etc.), for travel to and from VA or VA-authorized health care subject to the following:
(i)Travel by a privately owned vehicle for a compensation and pension examination that is solely for the convenience of the Government ( *e.g.* , repeat a laboratory test, redo a poor quality x-ray) may have a different per mile rate if deemed appropriate by the Secretary.
(ii)Per mile payment for use of privately owned vehicle may not exceed the cost of such travel by public transportation (even if it is for the convenience of the government) unless determined to be medically necessary.
(iii)Payment for a common carrier may not exceed the amount allowed for a privately owned vehicle unless travel by a privately owned vehicle is not reasonably accessible or travel by a common carrier is determined to be medically necessary.
(iv)As required by law, each time the Federal government makes a change in mileage rates payable under 5 U.S.C. 5702 and 5704 for Federal employee travel by privately owned vehicle, but not less frequently than annually, the Secretary shall conduct an investigation of the actual costs of travel, including lodging and subsistence. In conducting the investigation, the Secretary shall consult with the Administrator of the General Services Administration, the Secretary of Transportation, the Comptroller General of the United States, and veterans' service organizations. As part of the investigation, the Secretary shall review and consider various factors including vehicle depreciation, State and Federal vehicle taxes and the costs of gasoline, oil, maintenance, accessories, parts, tires, and insurance. However, to the extent that the Administrator of General Services has, within a reasonable period of time, conducted an investigation of travel costs that included the factors described in this paragraph, the Secretary may consider that investigation in lieu of conducting a separate investigation with respect to the findings of those individual factors. The Secretary is not obligated to accept or rely on any conclusions of the Administrator's investigation. Based on the investigation required by this subsection, VA shall determine whether there is a need to change the mileage rates payable under paragraph
(a)of this section. If a determination is made that a change is warranted the new rate(s) will be published in the notices section of the **Federal Register** . Current rate(s) can be found at *http://www.va.gov/healtheligibility/Library/pubs/BeneficiaryTravel/BeneficiaryTravel.pdf* or by contacting the Beneficiary Travel office at the closest VA health care facility.
(2)The actual cost of ferry fares, bridge tolls, road tolls, and tunnel tolls (supported by receipts for such expenses as required by § 70.20(a)).
(3)The actual cost for meals, lodging, or both, not to exceed 50 percent of the amount allowed for government employees under 5 U.S.C. 5702, when VA determines that an overnight stay is required. Factors VA may consider in making that determination include, but are not limited to the following:
(i)The distance the veteran must travel.
(ii)The time of day when VA scheduled the veteran's appointment.
(iii)The weather conditions or congestion conditions affecting the travel.
(iv)The veteran's medical condition and its impact on the ability to travel.
(4)The actual cost of a special mode of transportation.
(b)Payments under this section are subject to the following:
(1)Except as otherwise allowed under this section, payment is limited to travel from the beneficiary's residence to the nearest VA facility where the care or services could be provided and from such VA facility to the beneficiary's residence.
(2)Payment may be made for travel from the beneficiary's residence to the nearest non-VA facility where the care or services could be provided and from such facility to the beneficiary's residence if VA determines that it is necessary to obtain the care or services at a non-VA facility.
(3)Payment may be made for travel from or to a place where the beneficiary is staying (if the beneficiary is not staying at the beneficiary's residence) but the payment may not exceed the amount that would be payable for travel under paragraph (b)(1) or (b)(2) of this section, as applicable.
(4)If the beneficiary's residence changed while receiving care or services, payment for the return trip will be for travel to the new residence, except that payment may not exceed the amount that would be allowed from the facility where the care or services could have been provided that is nearest to the new residence (for example, if during a period of care or services in Baltimore, a beneficiary changed his or her address from Baltimore to Detroit, payment for the return trip would be limited to that allowed for traveling to the new residence from the nearest facility to the new residence in Detroit where the care or services could have been provided).
(5)If the beneficiary is in a terminal condition at a VA facility or other facility under VA auspices and travels to a non-VA medical facility for the purpose of being nearer to his or her residence, payment may be made for travel to the medical facility receiving the beneficiary for such purpose.
(6)Payment may be made for travel from a non-VA health care facility where the beneficiary is receiving care or services to the nearest VA facility where the appropriate care or services could be provided.
(7)Payment will not be made for return travel for a beneficiary receiving an irregular discharge.
(8)On a case-by-case basis, payment for travel may be paid for any distance if it is financially favorable to the government (for example, payment for travel could be allowed to a more distant nursing home when admission to that nursing home is a prerequisite to qualify for community assistance that would more than offset the additional travel payment).
(c)Payment for travel of an attendant under this section will be calculated on the same basis as for the beneficiary.
(d)For shared travel in a privately-owned vehicle, payments are limited to the amount for one beneficiary (for example, if a beneficiary and an attendant travel in the same automobile or if two beneficiaries travel in the same automobile, the amount for mileage will be limited to the amount for one beneficiary).
(e)Beneficiary travel will not be paid under the following circumstances:
(1)The payment of the travel allowance would be counterproductive to the therapy being provided and such determination is recorded in the patient's medical records, and
(2)The chief of the service or a designee reviewed and approved the determination by signature in the patient's medical record. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.31 Deductibles.
(a)VA shall deduct an amount established by the Secretary for each one-way trip from the amount otherwise payable under this part for such one-way trip, except that:
(1)VA shall not deduct any amounts in a calendar month after the completion of six one-way trips for which deductions were made in such calendar month, and
(2)Whenever the Secretary adjusts the mileage rates as a result of the investigation described in § 70.30(a)(1)(iv), the Secretary shall, effective on the date such mileage rate change should occur, adjust proportionally the deductible amount in effect at the time of the adjustment. If a determination is made that a change is warranted, the new deductible(s) will be published in the notice section of the **Federal Register** . Current deductible(s) can be found at *http://www.va.gov/healtheligibility/Library/pubs/BeneficiaryTravel/BeneficiaryTravel.pdf* or by contacting the Beneficiary Travel office at the closest VA health care facility.
(b)The provisions under this section for making deductions shall not apply to:
(1)Travel that includes travel by a special mode of transportation,
(2)Travel to a VA facility for a scheduled compensation and pension examination, and
(3)Travel by a non-veteran.
(c)VA shall waive the deductible under this section when it would cause the beneficiary severe financial hardship. For purposes of this section, severe financial hardship occurs if the beneficiary:
(1)Is in receipt of a VA pension;
(2)Has income for the year prior to the year in which application is made pursuant to § 70.20 that does not exceed the household income threshold determined under 38 U.S.C. 1722(a) (the current income thresholds can be found at *http://www.va.gov/healtheligibility/Library/pubs/VAIncomeThresholds/VAIncomeThresholds.pdf* ); or
(3)Has circumstances in the year the application is made pursuant to § 70.20 that cause his or her projected income not to exceed the household income threshold determined under 38 U.S.C. 1722(a).
(d)Waivers granted under this section are valid:
(1)Through the end of the calendar year of the application made pursuant to § 70.20; or
(2)Until there is a change in the beneficiary's household income during the calendar year of the application made pursuant to § 70.20 that results in the beneficiary no longer meeting the terms of paragraph
(c)of this section.
(e)A beneficiary granted a waiver under this section must promptly inform VA of any household income status change during the waiver period that results in the beneficiary no longer meeting the terms of paragraph
(c)of this section. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) (The Office of Management and Budget has approved the information collection provisions in this section under control number 2900-0091.) § 70.32 Reimbursement or prior payment.
(a)Payment will be made on a reimbursement basis after the travel has occurred, except that:
(1)Upon completion of examination, treatment, or care, payment may be made before the return travel has occurred, and
(2)In the case of travel by a person to or from a VA facility by special mode of transportation, VA may provide payment for beneficiary travel to the provider of the transportation before determining eligibility of such person for such payment if VA determines that the travel is for emergency treatment and the beneficiary or other person made a claim that the beneficiary is eligible for payment for the travel.
(b)Payment under this part will be made to the beneficiary, except that VA may make a beneficiary travel payment under this part to a person or organization other than the beneficiary upon satisfactory evidence that the person or organization actually provided or paid for the travel. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.40 Administrative procedures. Upon denial of an initial claim for beneficiary travel, VA will provide the claimant written notice of the decision and advise the claimant of reconsideration and appeal rights. A claimant who disagrees with the initial decision denying the claim for beneficiary travel, in whole or in part, may obtain reconsideration under § 17.133 of this chapter and may file an appeal to the Board of Veterans' Appeals under parts 19 and 20 of this chapter. An appeal may be made directly to the Board of Veterans' Appeals without requesting reconsideration. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.41 Recovery of payments. Payments for beneficiary travel made to persons ineligible for such payment are subject to recapture under applicable law, including the provisions of §§ 1.900 through 1.953 of this chapter. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.42 False statements. A person who makes a false statement for the purpose of obtaining payments for beneficiary travel may be prosecuted under applicable laws, including 18 U.S.C. 1001. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) § 70.50 Reduced fare requests. Printed reduced-fare requests for use by eligible beneficiaries and their attendants when traveling at their own expense to or from any VA facility or VA-authorized facility for authorized VA health care are available from any VA medical facility. Beneficiaries may use these request forms to ask transportation providers, such as bus companies, for a reduced fare. Whether to grant a reduced fare is determined by the transportation provider. (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) [FR Doc. E8-14722 Filed 6-27-08; 8:45 am] BILLING CODE 8320-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2008-0183; FRL-8685-5] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for the Warren County Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving a State Implementation Plan
(SIP)revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8-hour ozone national ambient air quality standard (NAAQS) for at least 10 years after the April 30, 2004 designations, as well as a 2002 base-year inventory for the Warren County Area. EPA is approving the maintenance plan and the 2002 base-year inventory for the Warren County Area as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: *Effective Date:* This final rule is effective on July 30, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2008-0183. All documents in the docket are listed in the *http://www.regulations.gov* Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *http://www.regulations.gov* or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environment Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Gregory Becoat,
(215)814-2036, or by e-mail at *becoat.gregory@epa.gov* . SUPPLEMENTARY INFORMATION: I. Background On May 1, 2008 (73 FR 23998), EPA published a notice of proposed rulemaking
(NPR)for the Commonwealth of Pennsylvania. The NPR proposed approval of Pennsylvania's SIP revision that establishes a maintenance plan for the Warren County Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after designation, and a 2002 base-year emissions inventory. The formal SIP revisions were submitted by PADEP on December 17, 2007. Other specific requirements of Pennsylvania's SIP revision and the rationales for EPA's proposed actions are explained in the NPR and will not be restated here. No public comments were received on the NPR. II. Final Action EPA is approving the maintenance plan and the 2002 base-year inventory for the Warren County Area, submitted on December 17, 2007, as revisions to the Pennsylvania SIP. EPA is approving the maintenance plan and 2002 base-year inventory for the Warren County Area because it meets the requirements of section 110(a)(1) of the CAA. III. Statutory and Executive Order Reviews A. General Requirements Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 29, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action approving the maintenance plan and the 2002 base-year inventory for the Warren County Area may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 17, 2008. Donald S. Welsh, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart NN—Pennsylvania 2. In § 52.2020, the table in paragraph (e)(1) is amended by adding an entry for the 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for Warren County at the end of the table to read as follows: § 52.2020 Identification of plan.
(e)* * *
(1)* * * Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation * * * * * * * 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory Warren County 12/17/07 06/30/08 [Insert page number where the document begins] [FR Doc. E8-14523 Filed 6-27-08; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA-B-7789] Changes in Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Interim rule. SUMMARY: This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations
(BFEs)is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. DATES: These modified BFEs are currently in effect on the dates listed in the table below and revise the Flood Insurance Rate Maps (FIRMs) in effect prior to this determination for the listed communities. From the date of the second publication of these changes in a newspaper of local circulation, any person has ninety
(90)days in which to request through the community that the Mitigation Assistant Administrator of FEMA reconsider the changes. The modified BFEs may be changed during the 90-day period. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided. Any request for reconsideration must be based on knowledge of changed conditions or new scientific or technical data. The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.* , and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by the other Federal, State, or regional entities. The changed BFEs are in accordance with 44 CFR 65.4. *National Environmental Policy Act.* This interim rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This interim rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This interim rule involves no policies that have federalism implications under Executive Order 13132, Federalism. *Executive Order 12988, Civil Justice Reform.* This interim rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: State and county Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification Community No. Alabama: Madison City of Huntsville (08-04-1222P) May 9, 2008; May 16, 2008; *Madison County Record* The Honorable Loretta Spencer, Mayor, City of Huntsville, P.O. Box 308, Huntsville, AL 35804 September 15, 2008 010153 California: Placer City of Lincoln (07-09-0934P) May 21, 2008; May 28, 2008; *Roseville Press-Tribune* The Honorable Primo Santini, Mayor, City of Lincoln, 640 Fifth Street, Lincoln, CA 95648 September 25, 2008 060241 California: Placer Unincorporated areas of Placer County (07-09-0934P) May 21, 2008; May 28, 2008; *Roseville Press-Tribune* The Honorable Jim Holmes, Chairman, Placer County, Board of Supervisors, 175 Fulweiler Avenue, Auburn, CA 95603 September 25, 2008 060239 California: Shasta Unincorporated areas of Shasta County (08-09-0622P) May 21, 2008; May 28, 2008; *Valley Post* The Honorable Mark Cibula, Supervisor, District Two, Shasta County, 1450 Court Street, Suite 308B, Redding, CA 96001 September 25, 2008 060358 Florida: Polk City of Winter Haven (07-04-5629P) May 7, 2008; May 14, 2008; *Polk County Democrat* The Honorable Nathaniel Birdsong, Mayor, City of Winter Haven, P.O. Box 2277, Winter Haven, FL 33883 September 11, 2008 120271 Indiana: Lake Town of St. John (08-05-1094P) May 22, 2008; May 29, 2008; *Post Tribune* The Honorable Michael S. Fryzel, Mayor, Town of St. John, 10955 West 93rd Avenue, St. John, IN 46373 May 16, 2008 180141 Kansas: Sedgwick City of Goddard (08-07-0155P) May 29, 2008; June 6, 2008; *Wichita Eagle* The Honorable Marcey Gregory, Mayor, City of Goddard, P.O. Box 667, Goddard, KS 67052 May 21, 2008 200500 Nevada: Clark City of Henderson (08-09-0980X) May 22, 2008; May 29, 2008; *Las Vegas Review-Journal* The Honorable James B. Gibson, Mayor, City of Henderson, 240 South Water Street, Henderson, NV 89015 September 17, 2008 320005 Texas: Brazos Unincorporated areas of Brazos County (07-06-2185P) May 14, 2008; May 21, 2008; *Bryan College Station Eagle* The Honorable Amanda S. Matzke, Brazos County Judge, 300 East 26th Street, Suite 211, Bryan, TX 77803 September 16, 2008 481195 Texas: Brazos City of Bryan (07-06-2185P) May 14, 2008; May 21, 2008; *Bryan College Station Eagle* The Honorable D. Mark Conlee, Mayor, City of Bryan, 300 South Texas Avenue, Bryan, TX 77803 September 16, 2008 480082 Texas: Gillespie Unincorporated areas of Gillespie County (08-06-0677P) May 28, 2008; June 4, 2008; *Fredericksburg Standard-Radio Post* The Honorable Mark Stroeher, Gillespie County Judge, 101 West Main Street, Fredericksburg, TX 78624 October 3, 2008 480696 Texas: Lubbock City of Lubbock (08-06-0728P) May 23, 2008; May 30, 2008; *Lubbock Avalanche Journal* The Honorable David A. Miller, Mayor, City of Lubbock, P.O. Box 2000, Lubbock, TX 79457 May 16, 2008 480452 Texas: Parker Unincorporated areas of Parker County (08-06-0872P) May 7, 2008; May 14, 2008; *Weatherford Democrat* The Honorable Mark Riley, Parker County Judge, One Courthouse Square, Weatherford, TX 76086 April 29, 2008 480520 Texas: Williamson City of Cedar Park (08-06-1336P) May 29, 2008; June 5, 2008; *Round Rock Leader* The Honorable Bob Lemon, Mayor, City of Cedar Park, 600 North Bell Boulevard, Cedar Park, TX 78613 May 16, 2008 481282 Wisconsin: Kenosha Village of Pleasant Prairie (08-05-2135P) May 30, 2008; June 6, 2008; *Kenosha News* The Honorable John Steinbrink, Village President, Village of Pleasant Prairie, 8640 88th Avenue, Pleasant Prairie, WI 53158 May 16, 2008 550613 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 20, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8-14709 Filed 6-27-08; 8:45 am] BILLING CODE 9110-12-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 08-1407; MB Docket No. 04-409; RM-11108, RM-11234] Radio Broadcasting Services; Chester, VA; Fruitland, MD; Lakeside, VA; Port Norris, NJ; Warsaw, VA and Willards, MD AGENCY: Federal Communications Commission. ACTION: Final rule; denial. SUMMARY: This document denies two petitions for reconsideration directed to the *Report and Order* in this proceeding, filed by MainQuad Communications, licensee of Station WARV(FM), Petersburg, Virginia, and Port Norris Radio. CXR Holdings, Inc., licensee of Station WDYL(FM), Chester, Virginia, prevailing counterproponent in the *Report and Order* , opposed the petitions for reconsideration. ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau,
(202)418-2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's *Memorandum Opinion and Order* , MB Docket No. 04-409, adopted June 11, 2008, and released June 13, 2008. This document denies two petitions for reconsideration of the *Report and Order* 71 FR 64153 (November 1, 2006). The full text of this Commission decision is available for inspection and copying during regular business hours at the FCC's Reference Information Center, Portals II, 445 Twelfth Street, SW., Room CY-A257, Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20054, telephone 1-800-378-3160 or *http://www.BCPIWEB.com* . The Commission will not send a copy of this Memorandum Opinion and Order pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A), because the petition for reconsideration was denied. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E8-14642 Filed 6-27-08; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673-8011-02] RIN 0648-XI69 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Trawl Catcher Processors in the Amendment 80 Limited Access Fishery in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by trawl catcher processors participating in the Amendment 80 limited access fishery in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 Pacific cod allowable catch
(TAC)specified for trawl catcher processors participating in the Amendment 80 limited access fishery in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 25, 2008, through 2400 hrs, A.l.t., December 31, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area
(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2008 Pacific cod TAC allocated to vessels participating in the Amendment 80 limited access fishery in the BSAI is 3,295 metric tons
(mt)as established by the 2008 and 2009 final harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2008 Pacific cod TAC allocated to trawl catcher processors participating in the Amendment 80 limited access fishery in the BSAI will be caught as incidental catch in directed fisheries for other groundfish. Therefore, the Regional Administrator is establishing a directed fishing allowance of 0 mt and is setting aside the remaining 3,295 mt as incidental catch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by trawl catcher processors participating in the Amendment 80 limited access fishery in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and
(f)apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific cod by trawl catcher processors participating in the Amendment 80 limited access fishery in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of June 24, 2008. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: June 25, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08-1397 Filed 6-25-08; 3:59 pm]
Connectionstraces to 46
Traces to 46 documents
U.S. Code
20 references not yet in our index
  • 22 CFR 62
  • 30 CFR 3
  • 5 CFR 1320.3(f)(3)
  • 44 USC 3501-3520
  • 33 CFR 165
  • 36 CFR 1280
  • 38 CFR 70
  • 38 CFR 17
  • 44 USC 3501-3521
  • 5 USC 601-602
  • 40 CFR 52
  • Pub. L. 104-4
  • 44 CFR 65
  • 44 CFR 60.3
  • 44 CFR 65.4
  • 44 CFR 10
  • 5 USC 601-612
  • 47 CFR 73
  • 50 CFR 679
  • 50 CFR 600
Citation graph
cites case law
Rules and Regulations
Interim final rule; correction
C.F.R.§ 3.1
U.S.C.§ 553
U.S.C.§ 957
C.F.R.§ 165.1191
U.S.C.§ 552
U.S.C.§ 1070g
U.S.C.§ 2903
Fed. Reg.Notices
U.S.C.§ 2102
Cite22 CFR 62
Cite30 CFR 3
Cite5 CFR 1320.3(f)(3)
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