10246 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

assets or from which such person 

receives more than 50 percent of the 

current income. 

(3) Anti-avoidance rule. A United 

States person that causes an entity, 

including but not limited to a 

corporation, partnership, or trust, to be 

created for a purpose of evading this 

section shall have a financial interest in 

any bank, securities, or other financial 

account in a foreign country for which 

the entity is the owner of record or 

holder of legal title. 

(f) Signature or other authority—(1) In 

general. Signature or other authority 

means the authority of an individual 

(alone or in conjunction with another) 

to control the disposition of money, 

funds or other assets held in a financial 

account by direct communication 

(whether in writing or otherwise) to the 

person with whom the financial account 

is maintained. 

(2) Exceptions—(i) An officer or 

employee of a bank that is examined by 

the Office of the Comptroller of the 

Currency, the Board of Governors of the 

Federal Reserve System, the Federal 

Deposit Insurance Corporation, the 

Office of Thrift Supervision, or the 

National Credit Union Administration 

need not report that he has signature or 

other authority over a foreign financial 

account owned or maintained by the 

bank if the officer or employee has no 

financial interest in the account. 

(ii) An officer or employee of a 

financial institution that is registered 

with and examined by the Securities 

and Exchange Commission or 

Commodity Futures Trading 

Commission need not report that he has 

signature or other authority over a 

foreign financial account owned or 

maintained by such financial institution 

if the officer or employee has no 

financial interest in the account. 

(iii) An officer or employee of an 

Authorized Service Provider need not 

report that he has signature or other 

authority over a foreign financial 

account owned or maintained by an 

investment company that is registered 

with the Securities and Exchange 

Commission if the officer or employee 

has no financial interest in the account. 

‘‘Authorized Service Provider’’ means an 

entity that is registered with and 

examined by the Securities and 

Exchange Commission and that 

provides services to an investment 

company registered under the 

Investment Company Act of 1940. 

(iv) An officer or employee of an 

entity with a class of equity securities 

listed (or American depository receipts 

listed) on any United States national 

securities exchange need not report that 

he has signature or other authority over 

a foreign financial account of such 

entity if the officer or employee has no 

financial interest in the account. An 

officer or employee of a United States 

subsidiary of a United States entity with 

a class of equity securities listed on a 

United States national securities 

exchange need not file a report 

concerning signature or other authority 

over a foreign financial account of the 

subsidiary if he has no financial interest 

in the account and the United States 

subsidiary is included in a consolidated 

report of the parent filed under this 

section. 

(v) An officer or employee of an entity 

that has a class of equity securities 

registered (or American depository 

receipts in respect of equity securities 

registered) under section 12(g) of the 

Securities Exchange Act need not report 

that he has signature or other authority 

over the foreign financial accounts of 

such entity or if he has no financial 

interest in the accounts. 

(g) Special rules—(1) Financial 

interest in 25 or more foreign financial 

accounts. A United States person having 

a financial interest in 25 or more foreign 

financial accounts need only provide 

the number of financial accounts and 

certain other basic information on the 

report, but will be required to provide 

detailed information concerning each 

account when so requested by the 

Secretary or his delegate. 

(2) Signature or other authority over 

25 or more foreign financial accounts. A 

United States person having signature or 

other authority over 25 or more foreign 

financial accounts need only provide 

the number of financial accounts and 

certain other basic information on the 

report, but will be required to provide 

detailed information concerning each 

account when so requested by the 

Secretary or his delegate. 

(3) Consolidated reports. An entity 

that is a United States person and which 

owns directly or indirectly more than a 

50 percent interest in one or more other 

entities required to report under this 

section will be permitted to file a 

consolidated report on behalf of itself 

and such other entities. 

(4) Participants and beneficiaries in 

certain retirement plans. Participants 

and beneficiaries in retirement plans 

under sections 401(a), 403(a) or 403(b) 

of the Internal Revenue Code as well as 

owners and beneficiaries of individual 

retirement accounts under section 408 

of the Internal Revenue Code or Roth 

IRAs under section 408A of the Internal 

Revenue Code are not required to file an 

FBAR with respect to a foreign financial 

account held by or on behalf of the 

retirement plan or IRA. 

(5) Certain trust beneficiaries. A 

beneficiary of a trust described in 

paragraph (e)(2)(iv) of this section is not 

required to report the trust’s foreign 

financial accounts if the trust, trustee of 

the trust, or agent of the trust is a United 

States person that files a report under 

this section disclosing the trust’s foreign 

financial accounts. 

Dated: February 16, 2011. 

James H. Freis, Jr., 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. 2011–4048 Filed 2–23–11; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 17 and 59 

RIN 2900–AN57 

Updating Fire Safety Standards 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule with request for 

comments. 

SUMMARY: This document adopts as a 

final rule, with changes, the proposed 

rule to amend the Department of 

Veterans Affairs (VA) regulations 

concerning community residential care 

facilities, contract facilities for certain 

outpatient and residential services, and 

State home facilities. The final rule will 

clarify current regulations and update 

the standards for VA approval of such 

facilities, including standards for fire 

safety and heating and cooling systems. 

The final rule will help ensure the 

safety of veterans in the affected 

facilities. This document also 

implements and seeks comments 

regarding a new interim final sprinkler 

system requirement for certain facilities. 

DATES: Effective Date: This final rule is 

effective March 28, 2011. 

Comment Date: Comments on the 

interim final amendments to 38 CFR 

59.130 only must be received on or 

before April 25, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this rule 

as of March 28, 2011. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN57—Updating Fire Safety 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10247 

Standards.’’ Copies of comments 

received will be available for public 

inspection in the Office of Regulation 

Policy and Management, Room 1063B, 

between the hours of 8 a.m. and 4:30 

p.m. Monday through Friday (except 

holidays). Please call (202) 461–4902 for 

an appointment. (This is not a toll-free 

number.) In addition, during the 

comment period, comments may be 

viewed online through the Federal 

Docket Management System (FDMS) at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brian McCarthy, Office of Patient Care 

Services, Veterans Health 

Administration, Department of Veterans 

Affairs, 810 Vermont Ave., NW., 

Washington, DC 20420, 202–461–6759. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on April 7, 2010 (75 FR 17641), 

VA proposed to amend its regulations 

concerning the codes and standards 

applicable to community residential 

care facilities, contract facilities for 

outpatient and residential treatment 

services for veterans with alcohol or 

drug dependence or abuse disabilities, 

and State homes. We proposed to 

amend 38 CFR 17.63, 17.81(a)(1), 

17.82(a)(1), and 59.130(d)(1) to require 

facilities to meet the requirements in the 

applicable provisions of current editions 

of publications produced by the 

National Fire Protection Association 

(NFPA). These publications are: NFPA 

10, Standard for Portable Fire 

Extinguishers; NFPA 99, Standard for 

Health Care Facilities; NFPA 101, Life 

Safety Code; and NFPA 101A, Guide on 

Alternative Approaches to Life Safety. 

We provided a 60-day comment 

period and received three comments. 

All three comments were entirely 

supportive. Two comments from the 

public noted the importance of 

requiring facilities to meet up-to-date 

safety standards. The third comment, 

from the NFPA, described in detail the 

improvements in the current editions of 

the codes that are referenced in this 

final rule. Although we noted in the 

proposed rule that we were not aware of 

any significant changes from the 2000 

edition of NFPA 101 referenced in 

current § 59.130 to the 2009 edition of 

NFPA 101, as the NFPA commented, a 

substantive revision in the 2009 edition 

of NFPA 101 is the requirement that all 

existing nursing homes have automatic 

sprinklers. We are aware that not all 

existing State home facilities currently 

meet this requirement. Therefore, to 

give certain facilities that are not 

currently in compliance ample time to 

come into compliance with the 

sprinkler requirement, we are requiring 

certain existing nursing home facilities 

to comply with the automatic sprinkler 

requirement of the 2009 edition of 

NFPA 101 by February 24, 2016. 

The Centers for Medicare & Medicaid 

Services (CMS) has determined that, 

after considering fire safety concerns 

and feasibility, 5 years is a reasonable 

amount of time to install sprinkler 

systems in existing nursing home 

facilities, see 73 FR 47081, as required 

by paragraph 19.3.5.1 in the 2009 

edition of NFPA 101, which specifically 

states that ‘‘[b]uildings containing 

nursing homes shall be protected 

throughout by an approved, supervised 

automatic sprinkler system in 

accordance with Section 9.7, unless 

otherwise permitted by 19.3.5.5.’’ We 

agree, and therefore based on the 

NFPA’s comment we have included 

such a requirement in the final rule. The 

extended compliance date of 5 years 

from the date of publication of this final 

rule does not apply to buildings with 

nursing home facilities that were newly 

constructed and in operation after June 

25, 2001, because the 2000 edition of 

NFPA 101, which was incorporated by 

reference into 38 CFR 59.130 in 66 FR 

33845 as of June 26, 2001, required 

installment of automatic sprinklers in 

all newly constructed buildings with 

nursing home facilities. Thus, the 

extended compliance date applies only 

to ‘‘existing buildings’’ with nursing 

home facilities as of June 25, 2001, and 

is not intended to postpone enforcement 

of the existing requirement for sprinkler 

protection in all other buildings with 

nursing home facilities. See paragraph 

3.3.32.5 in the 2009 edition of NFPA 

101 (defining an ‘‘[e]xisting [b]uilding’’ 

as ‘‘[a] building erected or officially 

authorized prior to the effective date of 

the adoption of this edition of the Code 

by the agency or jurisdiction’’). 

Accordingly, we have made interim 

final revisions to 38 CFR 59.130 to 

reflect this change. The public is invited 

to comment on the 5-year extended 

compliance period for existing buildings 

with nursing home facilities as of June 

25, 2001. 

We are also clarifying the second 

sentence in proposed 38 CFR 17.1(a) to 

state the following: ‘‘To enforce an 

edition of a publication other than that 

specified in this section, VA will 

provide notice of the change in a notice 

of proposed rulemaking in the Federal 

Register and the material will be made 

available to the public.’’ We will thus 

provide notice of the adoption of an 

updated edition of a publication 

specified in § 17.1 through the public 

notice-and-comment process. 

This final rule amends parts 17 and 

59 and incorporates by reference, in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51, the following publications: 

NFPA 10, Standard for Portable Fire 

Extinguishers (2010 edition); NFPA 99, 

Standard for Health Care Facilities 

(2005 edition); NFPA 101, Life Safety 

Code (2009 edition); and NFPA 101A, 

Guide on Alternative Approaches to Life 

Safety (2010 edition). In the proposed 

rule, we noted that facilities had to meet 

the requirements in certain provisions 

of specific editions of these NFPA 

publications. Regarding the NFPA 10 

requirements, we proposed to require 

facilities to meet the standard for 

portable fire extinguishers. However, we 

did not propose to separately 

incorporate by reference NFPA 10 

because we believed the applicable 

requirements in the updated version of 

that standard were subsumed in NFPA 

101. The Office of the Federal Register 

recently informed us that we need to 

incorporate by reference NFPA 10 

because our regulations refer to it 

directly and require its use. 

Accordingly, we are correcting the final 

rule to separately incorporate by 

reference NFPA 10. This correction is 

consistent with our proposal regarding 

compliance with the portable fire 

extinguisher standard. 

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 

year. This final rule will have no such 

effect on State, local, and Tribal 

governments, or on the private sector. 

Paperwork Reduction Act of 1995 

This document contains no 

collections of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3521). 

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 

the Office of Management and Budget 

(OMB) unless OMB waives such review, 


jlentini on DSKJ8SOYB1PROD with RULES
10248 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

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. 

VA has examined the economic, 

interagency, budgetary, legal, and policy 

implications of this final rule and has 

concluded that it does not constitute a 

significant regulatory action under the 

Executive Order. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. In addition to 

having an effect on individuals 

(veterans), the final rule will have an 

insignificant economic impact on a few 

small entities. 

The changes to § 17.63 will likely 

affect fewer than 100 of the 2,800 

community residential care facilities 

approved for referral of veterans under 

the regulations. Also, any additional 

costs for compliance with the final rule 

will constitute an inconsequential 

amount of the operational costs of such 

facilities. 

The changes to §§ 17.81 and 17.82 

will affect only small entities; however, 

most, if not all, of these entities are 

already in compliance with the current 

NFPA codes and therefore should not be 

significantly impacted by this rule. 

The changes to part 59 will affect 

State homes. The State homes that will 

be subject to this rulemaking are State 

government entities under the control of 

State governments. All State homes are 

owned, operated and managed by State 

governments except for a small number 

operated by entities under contract with 

State governments. These contractors 

are not small entities. 

Accordingly, pursuant to 5 U.S.C. 

605(b), this rule will be exempt from the 

initial and final regulatory flexibility 

analysis requirements of sections 603 

and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.005, Grants to States for Construction 

of State Home Facilities; 64.007, Blind 

Rehabilitation Centers; 64.008, Veterans 

Domiciliary Care; 64.009, Veterans 

Medical Care Benefits; 64.010, Veterans 

Nursing Home Care; 64.011, Veterans 

Dental Care; 64.012, Veterans 

Prescription Service; 64.013, Veterans 

Prosthetic Appliances; 64.014, Veterans 

State Domiciliary Care; 64.015, Veterans 

State Nursing Home Care; 64.016, 

Veterans State Hospital Care; 64.018, 

Sharing Specialized Medical Resources; 

64.019, Veterans Rehabilitation Alcohol 

and Drug Dependence; 64.022, Veterans 

Home Based Primary Care. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, approved this 

document on December 10, 2010 for 

publication. 

List of Subjects 

38 CFR Part 17 

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, Incorporation 

by reference, 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. 

38 CFR Part 59 

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, Incorporation 

by reference, Medical and dental 

schools, Medical devices, Medical 

research, Mental health programs, 

Nursing homes, Reporting and 

recordkeeping requirements, Travel and 

transportation expenses, Veterans. 

Dated: February 16, 2010. 

Robert C. McFetridge, 

Director, Regulations Policy and 

Management, Department of Veterans Affairs. 

For the reasons stated above, VA 

amends 38 CFR parts 17 and 59 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 

noted in specific sections. 

■ 2. Add § 17.1 to part 17 to read as 

follows: 

§ 17.1 Incorporation by reference. 

(a) Certain materials are incorporated 

by reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce an edition of a 

publication other than that specified in 

this section, VA will provide notice of 

the change in a notice of proposed 

rulemaking in the Federal Register and 

the material will be made available to 

the public. All approved materials are 

available for inspection at the 

Department of Veterans Affairs, Office 

of Regulation Policy and Management 

(02REG), 810 Vermont Avenue, NW., 

Room 1068, Washington, DC 20420, or 

at the National Archives and Records 

Administration (NARA). For 

information on the availability of 

approved materials at NARA, call (202) 

741–6030, or go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/ibr

_locations.html. Copies may be obtained 

from the National Fire Protection 

Association, 1 Batterymarch Park, 

Quincy, MA 02269. (For ordering 

information, call toll-free 1–800–344– 

3555.) 

(b) The following materials are 

incorporated by reference into this part. 

(1) NFPA 10, Standard for Portable 

Fire Extinguishers (2010 edition), 

Incorporation by Reference (IBR) 

approved for §§ 17.63 and 17.81. 

(2) NFPA 101, Life Safety Code (2009 

edition), IBR approved for §§ 17.63, 

17.81, 17.82. 

(3) NFPA 101A, Guide on Alternative 

Approaches to Life Safety (2010 

edition), IBR approved for § 17.63. 

(Authority: 5 U.S.C. 552(a), 38 U.S.C. 501, 

1721.) 

■ 3. Amend § 17.63 as follows: 

■ a. Revise paragraph (a)(2); and 

■ b. Add a new paragraph (a)(4). 

The revision and addition read as 

follows: 


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Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10249 

§ 17.63 Approval of community residential 

care facilities. 

* * * * * 

(a) * * * 

(2) Meet the requirements in the 

applicable provisions of NFPA 101 and 

NFPA 101A (incorporated by reference, 

see § 17.1) and the other publications 

referenced in those provisions. The 

institution shall provide sufficient staff 

to assist patients in the event of fire or 

other emergency. Any equivalencies or 

variances to VA requirements must be 

approved by the appropriate Veterans 

Health Administration Veterans 

Integrated Service Network (VISN) 

Director; 

* * * * * 

(4) Meet the following additional 

requirements, if the provisions for One 

and Two-Family Dwellings, as defined 

in NFPA 101, are applicable to the 

facility: 

(i) Portable fire extinguishers must be 

installed, inspected, and maintained in 

accordance with NFPA 10 (incorporated 

by reference, see § 17.1); and 

(ii) The facility must meet the 

requirements in section 33.7 of NFPA 

101. 

* * * * * 

■ 4. Amend § 17.81(a)(1) as follows: 

■ a. Revise paragraph (a)(1)(i); 

■ b. Remove paragraphs (a)(1)(v) 

through (a)(1)(viii); 

■ c. Add a new paragraph (a)(1)(v); and 

■ d. Redesignate paragraph (a)(1)(ix) as 

paragraph (a)(1)(vi). 

The revision and addition read as 

follows: 

§ 17.81 Contracts for residential treatment 

services for veterans with alcohol or drug 

dependence or abuse disabilities. 

(a) * * * 

(1) * * * 

(i) The building must meet the 

requirements in the applicable 

provisions of NFPA 101 (incorporated 

by reference, see § 17.1) and the other 

publications referenced in those 

provisions. Any equivalencies or 

variances to VA requirements must be 

approved by the appropriate Veterans 

Health Administration Veterans 

Integrated Service Network (VISN) 

Director. 

* * * * * 

(v) The facility must meet the 

following additional requirements, if the 

provisions for One and Two-Family 

Dwellings, as defined in NFPA 101, are 

applicable to the facility: 

(A) Portable fire extinguishers shall be 

installed, inspected, and maintained in 

accordance with NFPA 10 (incorporated 

by reference, see § 17.1). 

(B) The facility shall meet the 

requirements in section 33.7 of NFPA 

101. 

* * * * * 

■ 5. Amend § 17.82(a)(1) as follows: 

■ a. Revise paragraphs (a)(1)(i) and (iv); 

■ b. Remove paragraphs (a)(1)(v) and 

(a)(1)(vi); and 

■ c. Redesignate paragraph (a)(1)(vii) as 

(a)(1)(v). 

The revisions read as follows: 

§ 17.82 Contracts for outpatient services 

for veterans with alcohol or drug 

dependence or abuse disabilities. 

(a) * * * 

(1) * * * 

(i) The building must meet the 

requirements in the applicable 

provisions of the NFPA 101 

(incorporated by reference, see § 17.1) 

and the other publications referenced in 

those provisions. Any equivalencies or 

variances to VA requirements must be 

approved by the appropriate Veterans 

Health Administration Veterans 

Integrated Service Network (VISN) 

Director. 

* * * * * 

(iv) As a minimum, fire exit drills 

must be held at least quarterly, and a 

written plan for evacuation in the event 

of fire shall be developed and reviewed 

annually. The plan shall outline the 

duties, responsibilities and actions to be 

taken by the staff in the event of a fire 

emergency. This plan shall be 

implemented during fire exit drills. 

* * * * * 

PART 59—GRANTS TO STATES FOR 

CONSTRUCTION OR ACQUISITION OF 

STATE HOMES 

■ 6. The authority citation for part 59 

continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 1710, 1742, 

8105, 8131–8137. 

■ 7. Amend § 59.130(d)(1) as follows: 

■ a. Remove the phrase ‘‘(2000 edition)’’ 

and add, in its place, ‘‘(2009 edition), 

except that the NFPA requirement in 

paragraph 19.3.5.1 for all buildings 

containing nursing homes to have an 

automatic sprinkler system is not 

applicable until February 24, 2016 for 

‘‘existing buildings’’ with nursing home 

facilities as of June 25, 2001 (paragraph 

3.3.32.5 in the NFPA 101 defines an 

‘‘[e]xisting [b]uilding’’ as ‘‘[a] building 

erected or officially authorized prior to 

the effective date of the adoption of this 

edition of the Code by the agency or 

jurisdiction’’),’’; and 

■ b. Remove the phrase ‘‘(1999 edition)’’ 

and add, in its place, ‘‘(2005 edition)’’. 

■ c. Remove ‘‘Office of Regulations 

Management (02D), Room 1154’’ and 

add, in its place, ‘‘Office of Regulation 

Policy and Management (02REG), Room 

1068’’. 

[FR Doc. 2011–3887 Filed 2–23–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0252; FRL–9269–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions To Control Volatile Organic 

Compound Emissions From Consumer 

Related Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to approve revisions to the Texas 

State Implementation Plan (SIP). We are 

approving revisions to Title 30 of the 

Texas Administrative Code (TAC), 

Chapter 115, which the State submitted 

on March 4, 2010. These revisions 

remove the Texas Portable Fuel 

Container rule as an ozone control 

strategy from the Texas SIP for the 

Control of Ozone Air Pollution. In the 

submittal, Texas demonstrates that 

Federal portable fuel container 

standards promulgated by EPA in 2007 

are expected to provide equal to or 

greater emissions reductions than those 

resulting from the State regulations. The 

EPA is approving these revisions 

pursuant to section 110 of the Clean Air 

Act (CAA). 

DATES: This direct final rule will be 

effective on April 25, 2011 without 

further notice unless EPA receives 

relevant adverse comments by March 

28, 2011. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2010–0252, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Please 

follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6comment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 


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