76064 Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AO47 

Authorization for Non-VA Medical 

Services; Withdrawal 

AGENCY: Department of Veterans Affairs. 

ACTION: Withdrawal of direct final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) published a direct final rule 

in the Federal Register on November 28, 

2012, that would have amended its 

regulations regarding payment by VA 

for medical services under VA’s 

statutory authority to provide non-VA 

medical care. VA sought to remove an 

outdated regulatory limitation on 

veterans’ eligibility to be referred for 

non-VA medical care. On the same date, 

VA also published a companion 

proposed rule containing the same 

amendments as the direct final rule. 

Because VA received adverse comments 

on this action, we are withdrawing the 

direct final rule. In a companion 

document in the Federal Register, VA is 

publishing a final rule that addresses 

comments received on the proposed and 

direct final rules. 

DATES: The direct final rule published 

on November 28, 2013 (77 FR 70893), is 

withdrawn as of December 16, 2013. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Brown, Chief, Policy Management 

Department, Department of Veterans 

Affairs, Chief Business Office, 

Purchased Care, 3773 Cherry Creek 

North Drive, Suite 450, Denver, CO 

80209 at (303) 331–7829. This is not a 

toll-free number. 

SUPPLEMENTARY INFORMATION: In a direct 

final rule published in the Federal 

Register on November 28, 2012, 77 FR 

70893, VA would have amended its 

regulations authorizing non-VA medical 

care effective January 28, 2013. Under 

the non-VA medical care authority in 38 

U.S.C. 1703, VA may provide certain 

hospital care (inpatient care) and 

medical services (outpatient care) for 

eligible veterans when VA facilities are 

not capable of providing necessary 

treatment due to geographical 

inaccessibility or are not capable of 

providing the services needed. The 

direct final rule would have revised 

VA’s existing regulation, at 38 CFR 

17.52(a)(2)(ii), to remove a limitation 

that barred VA from authorizing non-VA 

medical services for certain veterans 

who had not previously been furnished 

VA hospital care. Without this revision, 

these veterans were eligible for non-VA 

medical services under § 17.52(a)(2)(ii) 

to complete treatment of a nonserviceconnected disability only if they had 

received VA hospital care for that 

disability. 

VA published a companion proposed 

rule on the same date, at 77 FR 70967, 

proposing the same amendments as the 

direct final rule. The direct final rule 

and proposed rule each provided a 30- 

day comment period that ended on 

December 28, 2012. VA received 

comments on the proposed rule and 

direct final rule, including some adverse 

comments. VA is therefore withdrawing 

the direct final rule, ‘‘Authorization for 

Non-VA Medical Services,’’ RIN 2900– 

AO47, which did not become effective 

on January 28, 2013 because VA 

received adverse comments on the 

proposed rule and direct final rule 

during the 30-day comment period. VA 

is publishing a final rulemaking, 

‘‘Authorization for Non-VA Medical 

Services,’’ RIN 2900–AO46, in this issue 

of the Federal Register that addresses 

comments received on both the direct 

final rule and the proposed rule. These 

actions are consistent with the 

procedures stated in the direct final rule 

and the proposed rule. 

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. Jose 

D. Riojas, Chief of Staff, Department of 

Veterans Affairs, approved this 

document on November 6, 2013 for 

publication. 

Dated: December 4, 2013. 

Robert C. McFetridge, 

Director, Regulation Policy and Management, 

Office of the General Counsel, Department 

of Veterans Affairs. 

[FR Doc. 2013–29312 Filed 12–13–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0566; FRL–9904–11– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the State of Michigan’s Clean Air Act 

New Source Review (NSR) State 

Implementation Plan (SIP), including 

the Part 1 general provisions rules and 

the Part 19 rules for major sources in 

nonattainment areas. The Michigan 

Department of Environmental Quality 

(MDEQ) submitted the revisions to 

address, among other things, the Federal 

NSR reform rules. EPA is also removing 

Michigan rule 336.1220 from the 

Michigan SIP. This rule is being 

replaced by applicable language found 

in Michigan’s Part 19 NSR rules. MDEQ 

submitted these revisions to EPA on 

March 24, 2009. 

DATES: This final rule is effective on 

January 15, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2010–0566. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, 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 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone 

Constantine Blathras, Environmental 

Engineer, at (312) 886–0671 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Constantine Blathras, Environmental 

Engineer, Air Permit Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0671, 

Blathras.constantine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What action is EPA taking? 

II. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

On February 6, 2013, EPA proposed 

approval of MDEQ’s March 24, 2009 

request to revise the Part 19 rules in its 

SIP (78 FR 8485) and announced a thirty 

day public comment period. EPA 

received comments generally supporting 


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Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 76065 

the proposed approval. However, in its 

March 6, 2013 comment letter to EPA, 

MDEQ noted that the proposed approval 

did not address its request to rescind 

rule 336.1220 from its SIP. 

On August 19, 2013, EPA proposed to 

rescind rule 226.1220 from the 

Michigan SIP (78 FR 50369). EPA also 

stated in the proposal that we would not 

be taking any action in this rulemaking 

on other Part 2 air use approval rule 

revisions. EPA received comments 

supporting the proposal to approve the 

Part 19 revisions and rescind rule 

226.1220 from the SIP, and urging EPA 

to take action on the remaining Part 2 

air use approval rule revisions. EPA will 

address Michigan’s remaining Part 2 

rule revisions in a separate rulemaking 

action. 

EPA is approving the following 

Michigan air pollution control rules into 

the Michigan SIP: (1) Part 1, general 

provisions. Revisions include 

amendments to R336.1102 to R336.1105 

(including R336.1103 and R.336.1104) 

(definitions: B, C, D, E); R336.1109 

(definitions: I); R336.1112 to R336.1114 

(definitions: L, M, N); and R336.1122 

(definitions: V). These revisions were 

made to modify the definitions that 

impact the new NSR permitting rules in 

Part 19 as well as modify the definition 

of volatile organic compound. (2) Part 

19, NSR for major sources impacting 

nonattainment areas. These revisions 

include changes to R336.2901 

(definitions); R336.2901a (adoption by 

reference); R336.2902 (applicability); 

R336.2903 (additional permit 

requirements for sources impacting 

nonattainment areas); R336.2907 

(plantwide applicability limits or PALs); 

and R336.2908 (conditions for approval 

of a major new source review permit in 

a nonattainment area). (3) Part 2. EPA is 

removing rule 336.1220. Although EPA 

proposed on February 6, 2013 to 

approve other revisions to Part 2 that 

Michigan had submitted on March 24, 

2009, EPA is not currently taking any 

other action regarding Michigan’s Part 2 

rules in this action. 

EPA has reviewed the rules MDEQ 

submitted on March 24, 2009, in light of 

the Federal nonattainment air quality 

permitting regulations found in 40 CFR 

51.165(a) and (b). EPA has found that 

the rules as submitted by Michigan for 

inclusion into its SIP are at least as 

stringent as the Federal rules. The 

Federal rules found at 40 CFR 51.165(a) 

and (b) specify the elements necessary 

for approval of a State permit program 

for preconstruction review for 

nonattainment purposes under Part D of 

the Clean Air Act. A major source or 

major modification that would be 

located in an area designated as 

nonattainment and subject to the 

nonattainment area permitting rules 

must meet stringent conditions designed 

to ensure that the new source’s 

emissions will be controlled to the 

greatest degree possible; that more than 

equivalent offsetting emission 

reductions will be obtained from 

existing sources; and that there will be 

progress toward achieving the National 

Ambient Air Quality Standards. 

II. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air 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. 

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). 

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 February 14, 

2014. 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 may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2) of the Clean Air Act.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 29, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 


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76066 Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 

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. 

■ 2. In § 52.1170 the table in paragraph 

(c) is amended by: 

■ i. Revising the entries in ‘‘Part 1. 

General Provisions’’ for R 336.1102, R 

336.1103, R 336.1104, R 336.1105, R 

336.1109, R 336.1112, R 336.1113, R 

336.1114, and R 336.1122. 

■ ii. Amending ‘‘Part 2. Air Use 

Approval’’ by removing the entry for R 

336.1220. 

■ iii. Adding six new entries under a 

new heading ‘‘Part 19. New Source 

Review for Major Sources Impacting 

Nonattainment Areas’’ in numerical 

order. 

The added and revised text reads as 

follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MICHIGAN REGULATIONS

Michigan citation Title State effective 

date EPA approval date Comments 

*******

Part 1. General Provisions 

*******

R 336.1102 .................................. Definitions; B ............................... 3/28/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.1103 .................................. Definitions; C ............................... 3/28/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.1104 .................................. Definitions; D ............................... 3/28/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.1105 .................................. Definitions; E ............................... 3/28/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

*******

R 336.1109 .................................. Definitions: I ................................. 3/28/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.1112 .................................. Definitions; L ................................ 3/28/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.1113 .................................. Definitions: M ............................... 3/28/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.1114 .................................. Definitions; N ............................... 3/28/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

*******

R 336.1122 .................................. Definitions; V ............................... 3/28/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].


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Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 76067 

EPA-APPROVED MICHIGAN REGULATIONS—Continued 

Michigan citation Title State effective 

date EPA approval date Comments 

*******

Part 19. New Source Review for Major Sources Impacting Nonattainment Areas 

R 336.2901 .................................. Definitions .................................... 6/20/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.2901a ................................ Adoption by reference ................. 6/20/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.2902 .................................. Applicability .................................. 6/20/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.2903 .................................. Additional permit requirements 

for sources impacting nonattainment areas.

6/20/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.2907 .................................. Plantwide applicability limits or 

PALs.

6/20/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

R 336.2908 .................................. Conditions for approval of a 

major new source review permit in a nonattainment area.

6/20/2008 12/16/2013, [INSERT 

PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

[FR Doc. 2013–29555 Filed 12–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 212, 218, 246, 252, 

and Appendix F to Chapter 2 

RIN 0750–AH64 

Defense Federal Acquisition 

Regulation Supplement: Item Unique 

Identifier Update (DFARS Case 2011– 

D055) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update and clarify 

requirements for unique identification 

and valuation of items delivered under 

DoD contracts. 

DATES: Effective December 16, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Dustin Pitsch, telephone 571–372–6090. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 77 FR 35921 on June 

15, 2012. The comment period closed 

on August 14, 2012. This rule proposed 

to revise the prescription and the clause 

at DFARS 252.211–7003 to update and 

clarify instructions for the identification 

and valuation processes. Five 

respondents submitted public 

comments in response to the proposed 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments is provided, as follows. 

A. Summary of Significant Changes 

The final rule incorporates the 

following significant changes from the 

proposed rule: 

• Paragraphs 211.274–2(a)(2) and (3) 

are revised to consolidate requirements. 

• The definition of ‘‘data matrix’’ 

within the clause at 252.211–7003 is 

modified from the proposed rule to 

clarify the specification with which 

contractors must comply. 

• The words ‘‘at its own expense’’ at 

252.211–7003(c)(1)(v) are removed as a 

result of a public comment. 

• The statement ‘‘or registered in the 

DoD Item Unique Identification 

Registry’’ is added at 252.211– 

7003(c)(2). 

• The phrase ‘‘ECC200 data matrix 

specification’’ is added at 252.211– 

7003(c)(3) to note the exact specification 

within the listed standard. 

• 252.211–7003(c)(5)(D) is revised to 

read ‘‘Verify that the marks on items 

and labels on shipments, storage 

containers, and packages are machine 

readable and conform to the applicable 

standards. The contractor shall use an 

automatic identification technology 

device for this verification that has been 

programmed to the requirements of 

Appendix A, MIL–STD–130, latest 

version.’’ 

• 252.211–7003(f)(1) is revised to 

include the sentence ‘‘If WAWF is not 

required by this contract, and the 

contractor is not using WAWF, follow 

the procedure at http://

dodprocurementtoolbox.com/site/

uidregistry/.’’ 

• 252.211–7003(f)(2)(ii) is revised to 

clarify that a fill-in is necessary when 

this circumstance applies. 

• Changes previously proposed to 

update the Web site at 252.225– 

7039(b)(1)(ii)(B) are no longer required 

as DFARS final rule 2013–D037 

published November 18, 2013 deleted 

this clause as coverage is now located in 

the FAR. 

• In Appendix F–103(e)(1), the last 

sentence is revised to read ‘‘WAWF 


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