Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 73995 

to enrollment in courses of study that do 

not further their educational or 

vocational goals and are contrary to 

their economic interests, and the rule is 

intended to reduce that occurrence. 

We acknowledge that some 

institutions may need to revise their 

diversity outreach operations if they 

depend more on the financial 

motivation of the recruiter than the 

design of the recruiting or outreach plan 

or the relative value of the programs 

touted by the recruiter. The regulations 

address only the payment of incentives 

to recruiters, not the activities the 

school requires recruiters to perform. 

Thus, the regulations do not prevent an 

institution from holding a recruiter 

accountable for implementing an 

effective recruiting or minority outreach 

plan adopted by the institution. 

In sum, the Department acknowledges 

that the amended regulations may result 

in some negative impact on minority 

recruitment and enrollment. But neither 

the statute nor any information 

presented by the commenters or in the 

administrative record provides a basis 

for treating a recruitment program 

directed at minority students differently 

than an institution’s general or other 

specific recruitment programs. 

List of Subjects 

34 CFR Part 600 

Colleges and universities, Foreign 

relations, Grant programs-education, 

Loan programs-education, Reporting 

and recordkeeping requirements, 

Student aid, Vocational education. 

34 CFR Part 602 

Colleges and universities, Reporting 

and recordkeeping requirements. 

34 CFR Part 603 

Colleges and universities, Vocational 

education. 

34 CFR Part 668 

Administrative practice and 

procedure, Aliens, Colleges and 

universities, Consumer protection, 

Grant programs-education, Loan 

programs-education, Reporting and 

recordkeeping requirements, Selective 

Service System, Student aid, Vocational 

education. 

34 CFR Part 682 

Administrative practice and 

procedure, Colleges and universities, 

Loan programs-education, Reporting 

and recordkeeping requirements, 

Student aid, Vocational education. 

34 CFR Part 685 

Administrative practice and 

procedure, Colleges and universities, 

Loan programs-education, Reporting 

and recordkeeping requirements, 

Student aid, Vocational education. 

34 CFR Part 686 

Administrative practice and 

procedure, Colleges and universities, 

Education, Elementary and secondary 

education, Grant programs-education, 

Reporting and recordkeeping 

requirements, Student aid. 

34 CFR Part 690 

Colleges and universities, Education 

of disadvantaged, Grant programseducation, Reporting and recordkeeping 

requirements, Student aid. 

34 CFR Part 691 

Colleges and universities, Elementary 

and secondary education, Grant 

programs-education, Student aid. 

Dated: November 23, 2015. 

Arne Duncan, 

Secretary of Education. 

[FR Doc. 2015–30158 Filed 11–25–15; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0686; FRL–9939–38– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revision to the Definition of Volatile 

Organic Compound 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Commonwealth of Virginia’s State 

Implementation Plan (SIP). The revision 

adds a compound to the list of 

substances not considered to be volatile 

organic compounds (VOCs). EPA is 

approving this revision in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This rule is effective on January 

26, 2016 without further notice, unless 

EPA receives adverse written comment 

by December 28, 2015. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2015–0686 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2015–0686, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, Air 

Protection Division, Mailcode 3AP30, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2015– 

0686. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI, or otherwise 

protected, through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in 

mstockstill on DSK4VPTVN1PROD with RULES

73996 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 

www.regulations.gov or may be viewed 

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 Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Tropospheric ozone, commonly 

known as smog, is formed when VOCs 

and nitrogen oxides react in the 

atmosphere in the presence of sunlight. 

Because of the harmful health effects of 

ozone, EPA and state governments limit 

the amount of VOCs that can be released 

into the atmosphere. VOCs have 

different levels of reactivity, that is, 

some VOCs react slowly or form less 

ozone, and therefore, changes in their 

emissions have limited effects on local 

or regional ozone pollution episodes. It 

has been EPA’s policy that VOCs with 

a negligible level of reactivity should be 

excluded from the regulatory definition 

of VOC contained at 40 CFR 51.100(s) so 

as to focus control efforts on compounds 

that do significantly increase ozone 

concentrations. This is accomplished by 

adding the substance to a list of 

compounds not considered to be VOCs, 

and thus, excluded from the definition 

of VOC. EPA believes that exempting 

such compounds creates an incentive 

for industry to use negligibly reactive 

compounds in place of more highly 

reactive compounds that are regulated 

as VOCs. On March 27, 2014 (79 FR 

17037), EPA revised the definition of 

VOC contained in 40 CFR 51.100 to 

exclude one substance from the 

definition of VOC. The compound 

excluded from the definition of VOC is 

2-amino-2-methyl-1-propanol (AMP). 

II. Summary of SIP Revision 

On September 17, 2015, the 

Commonwealth of Virginia (Virginia) 

submitted a formal revision to its SIP 

which consists of adding AMP to the list 

of substances that are not considered 

VOCs found at 9VAC5–10–20. The 

September 17, 2015 SIP revision will 

allow the Virginia SIP to mirror the 

Federal definition of VOC. EPA believes 

that by excluding this negligibly 

reactive compound from the definition 

of VOC an incentive is created for 

industry to use negligibly reactive 

compounds in place of more highly 

reactive compounds; therefore, the air 

quality in Virginia will not be negatively 

affected by the approval of this SIP 

revision particularly as EPA has found 

this compound negligibly reactive for 

ozone formation. 

III. Final Action 

EPA is approving the SIP revision to 

the definition of VOC submitted by 

Virginia on September 17, 2015. EPA is 

publishing this rule without prior 

proposal because EPA views this as a 

noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

January 26, 2016 without further notice 

unless EPA receives adverse comment 

by December 28, 2015. If EPA receives 

adverse comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. General Information Pertaining to 

SIP Submittals From the 

Commonwealth of Virginia 

In 1995, Virginia adopted legislation 

that provides, subject to certain 

conditions, for an environmental 

assessment (audit) ‘‘privilege’’ for 

voluntary compliance evaluations 

performed by a regulated entity. The 

legislation further addresses the relative 

burden of proof for parties either 

asserting the privilege or seeking 

disclosure of documents for which the 

privilege is claimed. Virginia’s 

legislation also provides, subject to 

certain conditions, for a penalty waiver 

for violations of environmental laws 

when a regulated entity discovers such 

violations pursuant to a voluntary 

compliance evaluation and voluntarily 

discloses such violations to the 

Commonwealth and takes prompt and 

appropriate measures to remedy the 

violations. Virginia’s Voluntary 

Environmental Assessment Privilege 

Law, Va. Code Sec. 10.1–1198, provides 

a privilege that protects from disclosure 

documents and information about the 

content of those documents that are the 

product of a voluntary environmental 

assessment. The Privilege Law does not 

extend to documents or information 

that: (1) Are generated or developed 

before the commencement of a 

voluntary environmental assessment; (2) 

are prepared independently of the 

assessment process; (3) demonstrate a 

clear, imminent and substantial danger 

to the public health or environment; or 

(4) are required by law. 

On January 12, 1998, the 

Commonwealth of Virginia Office of the 

Attorney General provided a legal 

opinion that states that the Privilege 

Law, Va. Code § 10.1–1198, precludes 

granting a privilege to documents and 

information ‘‘required by law,’’ 

including documents and information 

‘‘required by Federal law to maintain 

program delegation, authorization or 

approval,’’ since Virginia must ‘‘enforce 

Federally authorized environmental 

programs in a manner that is no less 

stringent than their Federal 

counterparts. . . .’’ The opinion 

concludes that ‘‘[r]egarding § 10.1–1198, 

therefore, documents or other 

information needed for civil or criminal 

enforcement under one of these 

programs could not be privileged 

because such documents and 

information are essential to pursuing 

enforcement in a manner required by 

Federal law to maintain program 

delegation, authorization or approval.’’ 

Virginia’s Immunity law, Va. Code Sec. 

10.1–1199, provides that ‘‘[t]o the extent 

consistent with requirements imposed 

by Federal law,’’ any person making a 

voluntary disclosure of information to a 

state agency regarding a violation of an 

environmental statute, regulation, 

permit, or administrative order is 

granted immunity from administrative 

or civil penalty. The Attorney General’s 

January 12, 1998 opinion states that the 

quoted language renders this statute 

inapplicable to enforcement of any 

Federally authorized programs, since 

‘‘no immunity could be afforded from 

administrative, civil, or criminal 

penalties because granting such 

immunity would not be consistent with 

Federal law, which is one of the criteria 

for immunity.’’ 

Therefore, EPA has determined that 

Virginia’s Privilege and Immunity 

statutes will not preclude the 

Commonwealth from enforcing its 

program consistent with the Federal 

requirements. In any event, because 

EPA has also determined that a state 

audit privilege and immunity law can 

affect only state enforcement and cannot 

have any impact on Federal 

enforcement authorities, EPA may at 

any time invoke its authority under the 

CAA, including, for example, sections 

113, 167, 205, 211 or 213, to enforce the 

requirements or prohibitions of the state 

plan, independently of any state 

enforcement effort. In addition, citizen 

enforcement under section 304 of the 

CAA is likewise unaffected by this, or 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 73997 

any, state audit privilege or immunity 

law. 

V. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the definition of VOC. 

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and/or may be 

viewed at the EPA Region III office (see 

the ADDRESSES section of this preamble 

for more information). 

VI. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA; 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). 

The SIP is not approved to apply on 

any Indian reservation land as defined 

in 18 U.S.C. 1151 or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 26, 2016. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. This 

action, revising Virginia’s definition of 

VOC, 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: November 12, 2015. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by adding an entry for 

‘‘Section 5–10–20’’ after the entry for 

‘‘Section 5–10–20’’ (with the State 

effective date of 3/12/15) to read as 

follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

mstockstill on DSK4VPTVN1PROD with RULES

73998 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation Title/Subject State effective 

date EPA Approval date Explanation [former SIP citation] 

*******

9 VAC 5, Chapter 10 General Definitions [Part I] 

*******

5–10–20 ....................................... Terms Defined ............................. 7/30/15 11/27/15 [Insert Federal 

Register Citation].

Definition of VOC is revised by adding 2- 

amino-2-methyl-1-propanol to the list of substances not considered 

to be VOCs. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–30108 Filed 11–25–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1632–CN2] 

RIN 0938–AS41 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals and the LongTerm Care Hospital Prospective 

Payment System Policy Changes and 

Fiscal Year 2016 Rates; Revisions of 

Quality Reporting Requirements for 

Specific Providers, Including Changes 

Related to the Electronic Health 

Record Incentive Program; Extensions 

of the Medicare-Dependent, Small 

Rural Hospital Program and the LowVolume Payment Adjustment for 

Hospitals; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule and interim final rule 

with comment period; correction. 

SUMMARY: This document corrects 

technical and typographical errors in 

the correcting document that appeared 

in the October 5, 2015 Federal Register, 

entitled ‘‘Medicare Program; Hospital 

Inpatient Prospective Payment Systems 

for Acute Care Hospitals and the Long 

Term Care Hospital Prospective 

Payment System Policy Changes and 

Fiscal Year 2016 Rates; Revisions of 

Quality Reporting Requirements for 

Specific Providers, including Changes 

Related to the Electronic Health Record 

Incentive Program; Extensions of the 

Medicare-Dependent, Small Rural 

Hospital Program and the Low-Volume 

Payment Adjustment for Hospitals; 

Correction.’’ 

DATES: Effective date: This correcting 

document is effective November 25, 

2015. Applicability date: This correcting 

document is applicable to discharges 

beginning October 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Donald Thompson, (410) 786–4487. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2015–19049 which 

appeared in the August 17, 2015 

Federal Register (80 FR 49326), entitled 

‘‘Medicare Program; Hospital Inpatient 

Prospective Payment Systems for Acute 

Care Hospitals and the Long-Term Care 

Hospital Prospective Payment System 

Policy Changes and Fiscal Year 2016 

Rates; Revisions of Quality Reporting 

Requirements for Specific Providers, 

including Changes Related to the 

Electronic Health Record Incentive 

Program; Extensions of the MedicareDependent, Small Rural Hospital 

Program and the Low-Volume Payment 

Adjustment for Hospitals’’ (hereinafter 

referred to as the FY 2016 IPPS/LTCH 

PPS final rule), there were a number of 

technical and typographical errors. 

Therefore, we published a correcting 

document that appeared in the October 

5, 2015 Federal Register (80 FR 60055) 

to correct those errors (hereinafter 

referred to as the FY 2016 IPPS/LTCH 

PPS correcting document). The 

provisions of the FY 2016 IPPS/LTCH 

PPS correcting document were effective 

as if they had been included in the FY 

2016 IPPS/LTCH PPS final rule that 

appeared in the August 17, 2015 

Federal Register. Accordingly, those 

corrections were effective October 1, 

2015. 

II. Summary of Errors and Corrections 

to Tables Posted on the CMS Web Site 

Since publication of the FY 2016 

IPPS/LTCH PPS correcting document, 

we discovered technical and 

typographic errors to data that appeared 

in that document. Therefore, we are 

correcting the errors in the following 

IPPS tables that are listed on page 49808 

of the FY 2016 IPPS/LTCH PPS final 

rule, that were discussed on pages 

60056 and 60057 and corrected in the 

FY 2016 IPPS/LTCH PPS correcting 

document. These tables are available on 

the Internet on the CMS Web site at 

https://www.cms.gov/Medicare/

Medicare-Fee-for-Service-Payment/

AcuteInpatientPPS/FY2016-IPPS-FinalRule-Home-Page.html: Table 2—CASE MIX INDEX AND 

WAGE INDEX TABLE BY CCN—FY 

2016 CORRECTION NOTICE. In the FY 

2016 IPPS/LTCH PPS correcting 

document, we inadvertently changed 

the reclassification status for two 

hospitals (CCNs 050152 and 050228). In 

Table 2 of the FY 2016 IPPS/LTCH PPS 

final rule, prior to the revisions based 

on the FY 2016 IPPS/LTCH PPS 

correcting document, the 

reclassification status for CCNs 050152 

and 050228 correctly reflected an 

MGCRB reclassification to Reclassified/ 

Redesignated CBSA 36084. For these 

two hospitals, the ‘‘MGCRB Reclass’’ 

column value will be corrected by 

adding a ‘‘Y’’ and the ‘‘Reclassified/

Redesignated CBSA’’ column value will 

be corrected by adding ‘‘36084.’’ Also, in Table 2 that was posted on 

the Internet in conjunction with the FY 

2016 IPPS/LTCH PPS correcting 

document, we inadvertently listed the 

‘‘County Name’’ and ‘‘County Code’’ 

values for CCN 050B21 as ‘‘FAIRFIELD’’ 

and ‘‘07000’’, and for CCN 070B22 as 

‘‘FRESNO’’ and ‘‘05090’’. The ‘‘County 

Name’’ and ‘‘County Code’’ values for 

CCN 050B21 should be ‘‘FRESNO’’ and 

mstockstill on DSK4VPTVN1PROD with RULES