8674 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Proposed Rules 

§ 20.1106 Rule 1106. Claim for death 

benefits by survivor—prior unfavorable 

decisions during veteran’s lifetime. 

Except with respect to benefits under 

the provisions of 38 U.S.C. 1311(a)(2) 

and 1318, and certain cases involving 

individuals whose Department of 

Veterans Affairs benefits have been 

forfeited for treason or for subversive 

activities under the provisions of 38 

U.S.C. 6104 and 6105, issues involved 

in a survivor’s claim for death benefits 

will be decided without regard to any 

prior disposition of those issues during 

the veteran’s lifetime. Cases in which a 

person substitutes for a deceased 

veteran under 38 U.S.C. 5121A are not 

claims for death benefits and are not 

subject to this section. Cases in which 

a person substitutes for a deceased 

death benefits claimant under 38 U.S.C. 

5121A are claims for death benefits 

subject to this section. 

(Authority: 38 U.S.C. 5121A, 7104(b)) 

Subpart N—Miscellaneous 

9. Revise § 20.1302 to read as follows: 

§ 20.1302 Rule 1302. Death of appellant 

during pendency of appeal before the 

Board. 

(a) General. An appeal pending before 

the Board of Veterans’ Appeals when 

the appellant dies will be dismissed 

without prejudice. A person eligible for 

substitution under § 3.1010 of this 

chapter may file with the agency of 

original jurisdiction a request to 

substitute for the deceased appellant. If 

the agency of original jurisdiction grants 

the request to substitute, the case will 

assume its original place on the docket 

pursuant to Rule 900 (§ 20.900(a)(2) of 

this part). If the agency of original 

jurisdiction denies the request to 

substitute and the person requesting to 

substitute appeals that decision to the 

Board, the appeal regarding eligibility to 

substitute will assume the same place 

on the docket as the original claim 

pursuant to Rule 900 (§ 20.900(a)(2) of 

this part). 

(b) Exception. (1) If a hearing request 

is pending pursuant to Rule 704 

(§ 20.704 of this part) when the 

appellant dies, the agency of original 

jurisdiction may take action on a request 

to substitute without regard to whether 

the pending appeal has been dismissed 

by the Board, if the request is submitted 

in accordance with § 3.1010 of this 

chapter. 

(2) If the agency of original 

jurisdiction grants the request to 

substitute, the Board of Veterans’ 

Appeals can then take the testimony of 

the substitute at a hearing held pursuant 

to Rule 700 et seq. (§ 20.700 et seq. of 

this part). If the substitute desires 

representation at the hearing, he or she 

must appoint a representative prior to 

the hearing pursuant to § 14.631(g) of 

this chapter. 

(Authority: 38 U.S.C. 5121A, 7104(a)) 

10. Revise § 20.1304, paragraph (b)(1) 

introductory text and the authority 

citation at the end of the section to read 

as follows: 

§ 20.1304 Rule 1304. Request for change 

in representation, request for personal 

hearing, or submission of additional 

evidence following certification of an appeal 

to the Board of Veterans’ Appeals. 

* * * * * 

(b) * * * 

(1) General rule. Subject to the 

exception in paragraph (b)(2) of this 

section, following the expiration of the 

period described in paragraph (a) of this 

section, the Board of Veterans’ Appeals 

will not accept a request for a change in 

representation, a request for a personal 

hearing, or additional evidence except 

when the appellant demonstrates on 

motion that there was good cause for the 

delay. Examples of good cause include, 

but are not limited to, illness of the 

appellant or the representative which 

precluded action during the period; 

death of an individual representative; 

illness or incapacity of an individual 

representative which renders it 

impractical for an appellant to continue 

with him or her as representative; 

withdrawal of an individual 

representative; the discovery of 

evidence that was not available prior to 

the expiration of the period; and delay 

in transfer of the appellate record to the 

Board which precluded timely action 

with respect to these matters. Such 

motions must be in writing and must 

include the name of the veteran; the 

name of the claimant or appellant if 

other than the veteran (e.g., a veteran’s 

survivor, a guardian, or a fiduciary 

appointed to receive VA benefits on an 

individual’s behalf) or the name of any 

substitute claimant or appellant; the 

applicable Department of Veterans 

Affairs file number; and an explanation 

of why the request for a change in 

representation, the request for a 

personal hearing, or the submission of 

additional evidence could not be 

accomplished in a timely manner. Such 

motions must be filed at the following 

address: Director, Management and 

Administration (01E), Board of 

Veterans’ Appeals, 810 Vermont 

Avenue, NW., Washington, DC 20420. 

Depending upon the ruling on the 

motion, action will be taken as follows: 

* * * * * 

(Authority: 38 U.S.C. 5121A, 5902, 5903, 

5904, 7104, 7105, 7105A) 

[FR Doc. 2011–3196 Filed 2–14–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1 

[FRL–9267–2] 

Notice of a Public Meeting: 

Environmental Justice Considerations 

for Drinking Water Regulatory Efforts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of meeting. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is hosting a 

public meeting to discuss and solicit 

input on environmental justice 

considerations related to several 

upcoming regulatory efforts. These 

regulatory efforts include the long-term 

revisions to the Lead and Copper Rule 

(LCR) and the third Regulatory 

Determinations from the drinking water 

Contaminant Candidate List 3. EPA 

recently announced its intentions to 

develop drinking water regulatory 

actions for perchlorate and carcinogenic 

volatile organic compounds (VOCs). 

While the Agency is in the very 

preliminary stages of developing the 

regulatory efforts for perchlorate and 

carcinogenic VOCs, EPA plans to 

discuss these actions at this meeting. 

Environmental justice is the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations and policies. EPA is holding 

this meeting to provide information to 

communities and an opportunity for 

communities to provide input on the 

LCR, Regulatory Determinations 3, 

perchlorate, and carcinogenic VOCs 

rulemaking efforts. 

Date and Location: The public 

meeting will be held in Washington, DC 

on Thursday, March 3, 2011, from 

10 a.m. to 5 p.m., Eastern Daylight Time 

(EDT). Participants will be notified of 

the specific meeting room upon 

confirmation of registration. 

Teleconferencing will be available for 

individuals unable to attend the meeting 

in person. 

FOR FURTHER INFORMATION CONTACT: For 

general information about this meeting, 

contact Lameka Smith, Standards and 

Risk Management Division, Office of 

Ground Water and Drinking Water; by 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Proposed Rules 8675 

phone (202) 564–1629 or by sending an 

e-mail to smith.lameka@epa.gov. For 

additional information about the Lead 

and Copper Rule, please visit: http:// 

water.epa.gov/lawsregs/rulesregs/sdwa/ 

lcr/index.cfm. For additional 

information about the drinking water 

contaminant candidate list and the 

regulatory determinations process, 

please visit: http://water.epa.gov/ 

scitech/drinkingwater/dws/ccl/ 

index.cfm. For additional information 

about perchlorate, please visit: http:// 

water.epa.gov/drink/contaminants/ 

unregulated/perchlorate.cfm. 

For additional information about 

carcinogenic VOCs, please visit the 

Drinking Water Strategy homepage: 

http://water.epa.gov/lawsregs/rulesregs/ 

sdwa/dwstrategy/index.cfm. 

SUPPLEMENTARY INFORMATION: 

Registration: Individuals planning to 

attend in person or by teleconference 

must register for the meeting by 

contacting Junie Percy, of IntelliTech at 

(937) 427–4148 ext. 210 or by sending 

an e-mail to 

junie.percy@itsysteminc.com no later 

than Friday, February 28, 2011. 

Additional information pertaining to the 

meeting will be provided upon 

confirmation of registration. There is no 

charge for attending this public meeting, 

but seats and phone lines are limited, so 

register as soon as possible. 

Special Accommodations: For 

information on access or request for 

special accommodations for individuals 

with disabilities, please contact Lameka 

Smith, Office of Ground Water and 

Drinking Water, U.S. Environmental 

Protection Agency; by telephone (202) 

564–1629 or by sending an e-mail to 

smith.lameka@epa.gov. Please allow at 

least five business days prior to the 

meeting to allow time to process your 

request. 

Dated: February 10, 2011. 

Cynthia C. Dougherty, 

Director, Office of Ground Water and Drinking 

Water. 

[FR Doc. 2011–3383 Filed 2–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 33 

[Docket No. OST 2010–0298] 

RIN 2105–AD83 

Prioritization and Allocation Authority 

Exercised by the Secretary of 

Transportation Under the Defense 

Production Act 

AGENCY: Office of the Secretary of 

Transportation (OST), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Department of 

Transportation’s Office of the Secretary 

(OST) is initiating this proposed 

rulemaking to clarify the priorities and 

allocation authorities exercised by the 

Secretary of Transportation (Secretary) 

under title 1 of the Defense Production 

Act of 1950 (Defense Production Act), 

and to set forth the administrative 

procedures by which the Secretary will 

exercise this authority. This proposed 

rule complies with the requirement in 

the Defense Production Act 

Reauthorization of 2009 (Pub. L. 111– 

67) to issue final rules establishing 

standards and procedures by which the 

priorities and allocations authority is 

used to promote the national defense, 

under both emergency and 

nonemergency conditions, and is part of 

a multi-agency effort that forms the 

Federal Priorities and Allocations 

System. 

DATES: Comment Closing Date: 

Comments must be received by March 

17, 2011. 

ADDRESSES: You may submit comments 

(identified by the agency name and DOT 

Docket ID Number OST–2010–0298) by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: You must include the 

agency name (Office of the Secretary, 

DOT) and Docket number (OST–2010– 

0298) for this notice at the beginning of 

your comments. You should submit two 

copies of your comments if you submit 

them by mail or courier. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov including any 

personal information provided and will 

be available to internet users. You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For Internet access to the 

docket to read background documents 

and comments received, go to http:// 

www.regulations.gov. Background 

documents and comments received may 

also be viewed at the U.S. Department 

of Transportation, 1200 New Jersey 

Ave., SE., Docket Operations, M–30, 

West Building Ground Floor, Room 

W12–140, Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Donna L. O’Berry, Office of the General 

Counsel, Department of Transportation, 

1200 New Jersey Avenue, SE., Room 

W96–317, Washington, DC 20590; 

telephone: (202) 366–6136; e-mail: 

donna.o’berry@dot.gov; or Lloyd E. 

Milburn, Office of Intelligence, Security 

and Emergency Response, Department 

of Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590; 

telephone: (202) 366–4397; e-mail: 

lloyd.milburn@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Defense Production Act of 1950 

(Defense Production Act) (50 U.S.C. 

App. 2061 et seq.) was enacted during 

the Korean War to ensure the 

availability of resources to meet national 

security needs. The Defense Production 

Act provides a number of important 

authorities to expedite and expand the 

supply of critical resources from the 

U.S. industrial base to support the 

national defense. While Defense 

Production Act provisions initially 

focused on Department of Defense (DoD) 

acquisition needs, several significant 

changes to the Defense Production Act 

definition of national defense have been 

added over time to expand the 

definition from military, energy, and 

space activities, to include emergency 

preparedness activities conducted 

pursuant to title VI of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act (Stafford Act) (42 U.S.C. 

5121 et seq.) and the protection and 

restoration of critical infrastructure. 

Section 101(a) of title I of the Defense 

Production Act (50 U.S.C. App. 2071) 

authorizes the President: 


jlentini on DSKJ8SOYB1PROD with PROPOSALS