Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 84261 

damaged, destroyed, lost, or stolen, or if 

replacement is clinically indicated, 

subject to the following: Items that are 

serviceable, and that still meet the 

veteran’s need, will not be replaced for 

the sole purpose of obtaining a newer 

model of the same or similar item. 

(xiv) Specialized clothing made 

necessary by the wearing of a prosthetic 

device. 

(xv) Training with and fitting of 

prescribed items. 

(2) Paragraph (a)(1) of this section 

supplements the requirement in 

§ 17.38(b) for a determination of need 

but only with respect to the provision of 

items and services listed in paragraph 

(a)(1) of this section. The exclusions 

under § 17.38(c) will apply to the items 

and services provided under this 

section. While VA will generally 

provide only one item under this 

section, the provision of spare items 

may be authorized based on a clinical 

determination of need using the criteria 

set forth in this section. 

(b) Unless an item provided under 

§ 17.3230(a) is loaned to the veteran 

based on a clinical determination that a 

loan is more beneficial for the veteran, 

such items become the property of the 

veteran once the veteran takes 

possession of those items. If the 

determination is that the item will be 

loaned to a veteran, the veteran must 

agree to the terms of the loan in order 

to receive the item. 

§ 17.3240 Furnishing authorized items and 

services. 

(a)(1) VA providers, or eligible entities 

and providers as defined in § 17.4005, 

will prescribe items and services in 

accordance with § 17.3230(a) and will 

do so in consultation with the veteran. 

(2) Once the item or service is 

prescribed under paragraph (a)(1) of this 

section, VA will either fill such 

prescriptions directly or will pay for 

such prescriptions to be furnished 

through a VA-authorized vendor. 

(3) The determination under 

paragraph (a)(2) of this section of 

whether a prescription will be filled by 

VA directly or will be furnished by a 

VA-authorized vendor will be based on, 

but not limited to, such factors as the 

veteran’s clinical needs, VA capacity 

and availability, geographic availability, 

and cost. 

(b) Except for emergency care under 

§§ 17.120 through 17.132, §§ 17.1000 

through 17.1008, or § 17.4020(c), or 

urgent care under § 17.4600, prior 

authorization of items and services 

under § 17.3230 is required for VA to 

reimburse VA-authorized vendors for 

furnishing such items or services to 

veterans. 

§ 17.3250 Veteran responsibilities. 

(a) Veterans must use items provided 

under §§ 17.3230 and 17.3240 as they 

are prescribed, and consistent with the 

manufacturer’s instructions and any 

training provided. Failure to do so may 

result in the item not being replaced 

under § 17.3230(a)(13). 

(b) Except for emergency care under 

§§ 17.120 through 17.132, §§ 17.1000 

through 17.1008, or § 17.4020(c), or 

urgent care under § 17.4600, veterans 

obtaining items and services provided 

under § 17.3230 must obtain prior 

authorization from VA in order to obtain 

VA reimbursement for such items and 

services obtained from a VA-authorized 

vendor. VA will not be responsible for 

the cost of items and services provided 

that are not preauthorized by VA or not 

covered as emergency care under 

§§ 17.120 through 17.132, §§ 17.1000 

through 17.1008, or § 17.4020(c), or 

urgent care under § 17.4600. 

[FR Doc. 2020–27014 Filed 12–23–20; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2019–0282; FRL–10014–50– 

OAR and FRL–10019–02–OAR] 

RIN 2060–AM75 

Reclassification of Major Sources as 

Area Sources Under Section 112 of the 

Clean Air Act; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is correcting a 

final rule that appeared in the Federal 

Register on November 19, 2020, and 

will become effective on January 19, 

2021. The EPA finalized the 

amendments to the General Provisions 

that apply to National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP). This action corrects 

inadvertent typographical errors and 

redundant text in the Federal Register. 

The corrections described in this action 

do not affect the substantive 

requirements of the final rule 

implementing the plain language 

reading of the ‘‘major source’’ and ‘‘area 

source’’ definitions of section 112 of the 

Clean Air Act. 

DATES: This final rule is effective on 

January 19, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this final action, contact 

Elineth Torres, Sector Policies and 

Programs Division (D205–02), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

4347; fax number: (919) 541–4991; and 

email address: torres.elineth@epa.gov. 

SUPPLEMENTARY INFORMATION: The EPA 

is making the following corrections to 

the final rule, Reclassification of Major 

Sources as Area Sources Under Section 

112 of the Clean Air Act (also refered as 

final Major MACT to Area or MM2A 

rule) as published in the Federal 

Register on November 19, 2020 (85 FR 

73854). 

The EPA is correcting inadvertent 

typographical errors and redundant text 

included in the regulatory text of six 

NESHAP subparts amended by the final 

MM2A rule. As described in the 

preamble to the final MM2A rule, the 

EPA finalized amendments to the 

NESHAP General Provision 

applicability tables for most of the 

NESHAP subparts to account for the 

final amendments to the General 

Provisions included in the final MM2A 

rule. 

With this action, the EPA is correcting 

the following errors in FR Document 

Number (FR Doc) 2020–22044 in the 

issue of November 19, 2020. These 

corrections do not change the 

requirements finalized in the MM2A 

rule. 

• At 85 FR 73894, second column, 40 

CFR part 63, subpart EE. The final 

MM2A rule instruction 37 amended 

Table 1 to subpart EE by revising the 

entry for 40 CFR 63.9(b)(2), however, 

there is no such entry on Table 1 to 

subpart EE. In this action, instruction 37 

is corrected to read ‘‘adding in 

numerical order entries for §§ 63.1(c)(6) 

and 63.9(k) . . .’’ and amendatory text 

is corrected by removing the entry for 40 

CFR 63.9(b)(2) from Table 1 to Subpart 

EE of Part 63—Applicability of General 

Provisions to Subpart EE. 

• At 85 FR 73897, third column, 40 

CFR part 63, subpart DDD. The final 

MM2A rule instruction 51 amended 

Table 1 to subpart DDD to add an entry 

for 40 CFR 63.1(c)(6), however this 

addition is unnecessary as Table 1 to 

subpart DDD has another entry 

including that provision. In this action, 

instruction 51 is corrected to read ‘‘. . . 

by adding in numerical order an entry 

for § 63.9(k) . . .’’ and the amendatory 

text is corrected by removing the entry 

for 40 CFR 63.1(c)(6) from Table 1 to 

Subpart DDD of Part 63—Applicability 

of General Provisions (40 CFR part 63, 

subpart A) to Subpart DDD of Part 63. 

• At 85 FR 73899, first column, 40 

CFR part 63, subpart NNN. The final 


tkelley on DSKBCP9HB2PROD with RULES
84262 Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 

MM2A rule instruction 60 amended 

Table 1 to subpart NNN to add an entry 

for 40 CFR 63.1(c)(6), however this 

addition is unnecessary as Table 1 to 

subpart NNN has another entry 

including that provision. In this action, 

instruction 60 is corrected to read ‘‘. . . 

by adding in numerical order an entry 

for § 63.9(k) . . .’’ and the amendatory 

text is corrected by removing the entry 

for 40 CFR 63.1(c)(6) from Table 1 to 

Subpart NNN of Part 63—Applicability 

of General Provisions (40 CFR part 63, 

subpart A) to Subpart NNN. 

• At 85 FR 73912, third column, 40 

CFR part 63, subpart AAAAA. The final 

MM2A rule instruction 118 reads as if 

amendments were for Table 8 to subpart 

AAAAA when they were for Table 9 to 

subpart AAAAA. In this action, 

instruction 118 is corrected to read 

‘‘Amend table 9 to subpart AAAAA of 

part 63 . . .’’. The table header in the 

amendatory text is also corrected to read 

‘‘Table 9 to Subpart AAAAA of Part 

63—Applicability of General Provisions 

to Subpart AAAAA.’’ 

• At 85 FR 73913, first column, 40 

CFR part 63, subpart DDDDD. The final 

MM2A rule instruction 121 correctly 

referenced the amendments to 40 CFR 

63.7545, however, the corresponding 

section header in the amendatory text 

read ‘‘§ 63.7189 What notifications must 

I submit and when?’’ instead. In this 

action, the section header in the 

amendatory text is corrected to read 

‘‘§ 63.7545 What notifications must I 

submit and when?’’ 

• At 85 FR 73914, first column, 40 

CFR part 63, subpart IIIII. The final 

MM2A rule instruction 128 correctly 

referenced the amendments to 40 CFR 

63.8252, however, the corresponding 

regulatory text section header read 

‘‘§ 63.825 What notifications must I 

submit and when?’’ instead. 

Additionally, the amendatory text at 85 

FR 73914, second column for 40 CFR 

63.8252(b) incorrectly referenced ‘‘120 

calendar days after December 19, 2003’’ 

which should have remained April 19, 

2004, as in the original regulatory text. 

In this action, the regulatory text section 

header is corrected to read ‘‘§ 63.8252 

What notifications must I submit and 

when?’’; and the amendatory text to 

paragraph (b) is corrected to read ‘‘(b) 

As specified in § 63.9(b)(2), if you start 

up your affected source before 

December 19, 2003, you must submit an 

Initial Notification no later than April 

19, 2004, or no later than 120 days after 

the source becomes subject to this 

subpart, whichever is later.’’ 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. The 

EPA has determined that there is good 

cause for making this rule final without 

prior proposal and opportunity for 

comment because, as explained here 

and in each bullet above, the changes to 

the rule are minor technical corrections, 

are noncontroversial in nature, and do 

not substantively change the 

requirements of the MM2A final rule. 

Rather, the changes correct inadvertent 

typographical errors and redundant text. 

Additionally, the corrections to the 

regulatory text match the revisions 

described in the preamble to the final 

MM2A rule. Thus, notice and 

opportunity for public comment are 

unnecessary. The EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

Federal Register Correction 

In FR doc 2020–22044 at 85 FR 73854 

in the issue of November 19, 2020, the 

following corrections are made: 

■ 1. On page 73894, in the second 

column, amendatory instruction 37 is 

corrected to read: ‘‘37. Amend table 1 to 

subpart EE of part 63 by adding in 

numerical order entries for §§ 63.1(c)(6) 

and 63.9(k) to read as follows:’’. 

■ 2. On page 73897, in the third column, 

amendatory instruction 51 is corrected 

to read: ‘‘51. Amend table 1 to subpart 

DDD of part 63 by adding in numerical 

order an entry for § 63.9(k) to read as 

follows:’’. 

■ 3. On page 73899, first column, 

amendatory instruction 60 is corrected 

to read: ‘‘60. Amend table 1 to subpart 

NNN of part 63 by adding in numerical 

order an entry for § 63.9(k) to read as 

follows:’’. 

■ 4. On page 73912, third column, 

amendatory instruction 118 and the 

table heading are corrected to read: 

‘‘118. Amend table 9 to subpart AAAAA 

of part 63 by adding in numerical order 

entries for §§ 63.1(c)(6) and 63.9(k) to 

read as follows:’’ 

TABLE 9 TO SUBPART AAAAA OF PART 63– 

APPLICABILITY OF GENERAL PROVISIONS TO

SUBPART AAAAA 

* * * * * 

§ 63.7545 What notifications must I submit 

and when? 

■ 5. On page 73913, second column, the 

section heading for § 63.7545 is 

corrected to read as set forth above. 

■ 6. On page 73914, second column, in 

section § 63.8252 the section heading 

and paragraph (b) are corrected to read 

as follows: 

§ 63.8252 What notifications must I submit 

and when? 

* * * * * 

(b) As specified in § 63.9(b)(2), if you 

start up your affected source before 

December 19, 2003, you must submit an 

Initial Notification no later than April 

19, 2004, or no later than 120 days after 

the source becomes subject to this 

subpart, whichever is later. 

* * * * * 

Dated: December 17, 2020. 

Anne Austin, 

Principal Deputy Assistant Administrator, 

Office of Air and Radiation. 

[FR Doc. 2020–28384 Filed 12–23–20; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2020–0005; Internal 

Agency Docket No. FEMA–8659] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur. 

Information identifying the current 

participation status of a community can 

be obtained from FEMA’s CSB available 

at www.fema.gov/flood-insurance/workwith-nfip/community-status-book. 

Please note that per Revisions to 

Publication Requirements for 

Community Eligibility Status 

Information Under the National Flood 

Insurance Program, notices like this one 

for scheduled suspension will no longer 

be published in the Federal Register as 

of June 2021 but will be available at 

www.fema.gov. Individuals without 


tkelley on DSKBCP9HB2PROD with RULES