Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Proposed Rules 36277 

http://www.regulations.gov, usually 

within 48 hours after the rulemaking 

document is published. Additionally, a 

copy of the rulemaking and its impact 

analysis are available on VA’s Web site 

at http://www1.va.gov/orpm/, by 

following the link for ‘‘VA Regulations 

Published.’’ 

Comment Period 

Although Executive Order 12866 

generally requires that agencies afford 

the public a 60-day comment period, 

VA has determined that good cause 

exists to limit the public comment 

period for this proposed rule to 30 days. 

This rulemaking is necessary to 

implement the statutory changes 

enacted in Public Law 112–260 to 

increase the availability of benefits for 

veterans whose remains are unclaimed 

where sufficient resources are not 

available for burial expenses. VA must 

implement the new casket and urn 

authority in regulation to inform the 

public of reimbursement amounts, 

application procedures, and standards 

for the caskets or urns. These statutory 

provisions became effective on January 

10, 2014, one year after the enactment 

date of the law. Accordingly, we are 

providing a 30-day comment period for 

the public to comment on the proposed 

rule. 

Catalog of Federal Domestic Assistance 

Numbers 

The Catalog of Federal Domestic 

Assistance program number and title for 

this proposed rule are 64.201, National 

Cemeteries. 

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 

Veteran Affairs, approved this 

document on June 13, 2014, for 

publication. 

List of Subjects in 38 CFR Part 38 

Administrative practice and 

procedure, Cemeteries, Veterans. 

Dated: June 18, 2014. 

William F. Russo, 

Deputy Director, Office of Regulation Policy 

& Management, Office of the General Counsel, 

U.S. Department of Veterans Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs proposes to amend 38 CFR part 

38 as set forth below: 

PART 38—NATIONAL CEMETERIES 

OF THE DEPARTMENT OF VETERANS 

AFFAIRS 

■ 1. The authority citation for part 38 

continues to read as follows: 

Authority: 38 U.S.C. 107, 501, 512, 2306, 

2402, 2403, 2404, 2408, 2411, 7105. 

■ 2. Add § 38.637 to read as follows: 

§ 38.637. Reimbursement for caskets and 

urns for unclaimed remains of Veterans. 

(a) VA will reimburse any individual 

or entity for the actual cost of a casket 

or an urn, purchased by the individual 

or entity for the burial in a national 

cemetery of an eligible veteran who died 

on or after January 10, 2014, for whom 

VA: 

(1) Is unable to identify the veteran’s 

next-of-kin; and 

(2) Determines that sufficient 

resources are otherwise unavailable to 

furnish the casket or urn. 

(b) An individual or entity may 

request reimbursement from VA under 

paragraph (a) of this section by 

completing and submitting VA Form 

40–10088, and supporting 

documentation, in accordance with the 

instructions on the form. Prior to 

approving reimbursement VA must find 

all of the following: 

(1) The veteran is eligible for burial in 

a VA national cemetery; 

(2) The individual or entity has 

certified that they cannot identify the 

veteran’s next-of-kin, and VA’s records 

do not identify a next-of-kin; 

(3) The individual or entity has 

certified that, to the best of their 

knowledge, sufficient resources are 

otherwise unavailable to furnish the 

casket or urn, and VA’s records do not 

indicate such resources; 

(4) The invoice presented by the 

individual or entity clearly indicates the 

purchase price of the casket or urn 

purchased by the individual or entity; 

and 

(5) The invoice presented by the 

individual or entity contains 

information sufficient for VA to 

determine, in conjunction with a visual 

inspection, that the casket or urn meets 

the following minimum standards: 

(i) Caskets must be of 20-gauge metal 

construction, designed for containing 

human remains, sufficient to contain the 

remains of the deceased veteran, 

include a gasketed seal, and include 

external fixed rails or swing arm 

handles. 

(ii) Urns must be of durable plastic 

construction, with a secure closure to 

contain the cremated remains, and must 

be designed for containing cremated 

human remains. 

(c) Reimbursement under paragraph 

(a) of this section will not exceed the 

average cost of the casket or urn, as 

determined by VA and published 

annually in the Federal Register. 

(d) If, before June 26, 2014, an 

individual or entity purchased a casket 

or urn for burial in a VA national 

cemetery of the remains of a veteran 

who died after January 10, 2014, and the 

burial receptacle is not at least a 20- 

gauge metal casket or a durable plastic 

urn, VA will reimburse the purchase 

price of the burial receptacle, providing 

all other criteria in this regulation are 

met. The reimbursement amount will be 

subject to the maximum reimbursement 

amount calculated for 2014. 

(Authority: 38 U.S.C. 2306, 2402, 2411) 

[FR Doc. 2014–14651 Filed 6–25–14; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2005–OH–0002; FRL– 

9912–60–Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; supplemental. 

SUMMARY: On June 27, 2005, the 

Environmental Protection Agency (EPA) 

proposed action on particulate matter 

rule revisions that Ohio submitted on 

June 4, 2003. While EPA subsequently 

took final action with respect to 

provisions that it proposed to approve, 

EPA has not taken final action with 

respect to provisions relating to opacity 

limitations that EPA proposed to 

disapprove on June 27, 2005. EPA is 

evaluating the public comments 

received in response to the proposed 

disapproval published on June 27, 2005. 

EPA believes that events subsequent 

to the publication of the proposed 

disapproval and the associated 

comment period have not altered the 

criteria for evaluating Ohio’s rule 

revisions relating to opacity and have 

not otherwise influenced whether the 

rule revisions should be disapproved, as 

proposed. Nevertheless, given the 

passage of time, EPA is soliciting 

supplemental comment specifically 

with respect to whether events 

subsequent to the prior comment period 

should alter EPA’s proposed 

disapproval of Ohio’s June 4, 2003, 

submission with respect to SIP opacity 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
36278 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Proposed Rules 

limitations. EPA is not soliciting 

comments on Ohio’s submission or 

EPA’s proposed June 27, 2005, action on 

that submission, except to the extent 

that events subsequent to the original 

comment period are relevant to EPA’s 

evaluation of the submission and EPA’s 

proposed action. This is not a reopening of the original comment period, 

but the opening of a supplemental 

comment period, as described further 

below. 

DATES: Comments must be received on 

or before July 28, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2005–OH–0002, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2005– 

OH–0002. 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 docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

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 John 

Summerhays, Environmental Scientist, 

at (312) 886–6067, before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: John 

Summerhays, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6067, 

summerhays.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 4, 2003, Ohio submitted 

revisions to particulate matter rules in 

the EPA approved SIP for the state, in 

Ohio Administrative Code (OAC) 

Chapter 3745–17. These revisions 

included significant revisions to Ohio’s 

requirements regarding opacity limits 

applicable to various sources, reflected 

in revisions to OAC 3745–17–03. 

Among other changes, these revisions 

provided that sources meeting certain 

criteria, including operating a 

continuous opacity monitoring system 

(COMS) in compliance with pertinent 

data quality requirements, could opt to 

demonstrate compliance by showing 

that the COMS data meet modified 

opacity limits. The revisions also 

include various less substantive 

updates, simplifications, and 

clarifications in other parts of OAC 

3745–17 that are unrelated to the 

applicable opacity standards. 

EPA proposed action on these 

revisions to OAC 3745–17 on June 27, 

2005, published at 70 FR 36901. EPA 

proposed to disapprove the revisions in 

OAC 3745–17–03, finding that the 

revisions relaxed applicable opacity 

requirements without any 

demonstration pursuant to Clean Air 

Act section 110(l) that the relaxation 

does not interfere with attainment or 

maintenance of the NAAQS or 

satisfaction of other requirements. EPA 

proposed to approve most of the 

remaining revisions that Ohio 

submitted. These remaining revisions 

were part of a subsequently submitted 

and subsequently approved set of 

revisions, and so these remaining 

revisions are not at issue here. EPA 

received comments on the June 25, 

2007, proposal from several 

commenters. 

On September 10, 2009, Ohio 

submitted additional rule revisions 

expressly intended to consolidate its air 

quality standards. These rule revisions 

included an update to the cross 

reference in OAC 3745–17–03(A), 

intended to clarify that the ambient 

monitoring methods given in OAC 

3745–17–01 were to be used to assess 

attainment with air quality standards in 

a rule relocated from OAC 3745–17–02 

to OAC 3745–25–02. EPA published 

direct final action approving the air 

quality standards-related revisions on 

October 26, 2010, at 75 FR 65572. 

Unfortunately, EPA’s October 2010 

action on Ohio’s September 2009 

submission (addressing the state’s air 

quality standards rules) erroneously 

appeared to suggest that EPA was 

approving the entirety of the substantive 

revisions to OAC 3745–17–03, even 

though the action only addressed the 

revision to the cross reference in 

paragraph A and not the other 

substantive provisions in OAC 3745– 

17–03 such as the opacity-related 

provisions in OAC 3745–17–03(B). 

Upon finding this error, EPA published 

action on April 3, 2013, at 78 FR 19990, 

to correct this error pursuant to its 

authority under the Administrative 

Procedures Act. Two parties then 

objected to this method of correcting the 

typographical error and requested that 

EPA address this error pursuant to 

EPA’s authority under Clean Air Act 

section 110(k)(6). EPA agreed to these 

requests and published proposed action 

pursuant to Clean Air Act section 

110(k)(6) on February 7, 2014, at 79 

FR 7412. EPA is currently evaluating 

comments on the February 2014 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Proposed Rules 36279 

proposal and will take final action upon 

that proposal separately. 

EPA believes that neither these events 

nor any other events warrant any 

alterations in the criteria for evaluation 

of Ohio’s opacity rules or in the analysis 

of Ohio’s June 4, 2003, submission. 

Actions on other parts of OAC Chapter 

3745–17 rules and actions pertinent to 

revision of the cross reference in OAC 

3745–17–03(A) and other provisions 

related to air quality standards are not 

pertinent to EPA’s proposed disapproval 

of the revisions to the substantive 

opacity provisions of OAC 3745–17–03. 

EPA has not issued any revised 

guidance or taken other action on issues 

pertinent to its review of Ohio’s opacity 

rule revisions. Therefore, EPA believes 

that no new issues have arisen since its 

June 27, 2005, proposed disapproval 

and the associated comment period that 

warrant consideration before EPA takes 

final action on these rule revisions. 

However, EPA is specifically soliciting 

comment on whether any events 

subsequent to the comment period on 

the June 27, 2005, action should have 

any impact on that proposed 

disapproval, and if so how those events 

should influence the appropriate 

criteria. 

II. What action is EPA taking? 

EPA is soliciting comments on 

whether any events which have 

occurred, or any policy considerations 

which have arisen, after the comment 

period on EPA’s June 27, 2005, 

proposed disapproval of revisions to 

Ohio’s opacity rules in OAC 3745–17– 

03 should be considered by EPA in 

evaluating these rule revisions. EPA’s 

proposed rulemaking of June 27, 2005, 

solicited comments that could be made 

at that time and EPA is not soliciting 

resubmission of prior comments or 

submission of additional comments that 

could have been made at that time. EPA 

is specifically soliciting only comments 

that could not have been made at the 

time of its prior proposed rulemaking 

because they are based upon events or 

policy considerations that arose 

subsequent to that comment period. 

III. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ 

and, therefore, is not subject to review 

by the Office of Management and 

Budget. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Regulatory Flexibility Act 

This action merely proposes to 

disapprove state law as not meeting 

Federal requirements and imposes no 

additional requirements beyond those 

imposed by state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

Unfunded Mandates Reform Act 

Because this rule proposes to 

disapprove pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

Executive Order 13132: Federalism 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

proposes to disapprove a state rule, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(59 FR 22951, November 9, 2000). 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it proposes to 

disapprove a state rule. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

National Technology Transfer 

Advancement Act 

In reviewing state submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a state 

submission, to use VCS in place of a 

state submission that otherwise satisfies 

the provisions of the Clean Air Act. 

Thus, the requirements of section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: June 10, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2014–14831 Filed 6–25–14; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 300–3 

[FTR Case 2014–301; Docket No. 2014– 

0012, Sequence 1] 

RIN 3090–AJ44 

Federal Travel Regulation (FTR); 

Terms and Definitions for ‘‘Marriage,’’ 

‘‘Spouse,’’ and ‘‘Domestic 

Partnership’’ 

AGENCY: Office of Government-wide 

Policy, General Services Administration 

(GSA). 

ACTION: Proposed rule. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS