Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Rules and Regulations 14043 

(b) Effects of impairment not 

overcome. The individual has not 

overcome the effects of the individual’s 

impairment of employability through 

employment in, or qualifying for 

employment in, an occupation 

consistent with his or her abilities, 

aptitudes, and interests. This situation 

includes an individual who qualifies for 

a suitable job, but who does not obtain 

or keep the job for reasons beyond his 

or her control. 

(Authority: 38 U.S.C. 3102) 

(c) Contribution of the serviceconnected disability(ies) to the 

individual’s overall vocational 

impairment. (1) Except as provided in 

paragraph (c)(3) of this section, the 

service-connected disability(ies) must 

contribute in substantial part to the 

individual’s overall vocational 

impairment. This means that the 

disability(ies) must have an identifiable, 

measurable, or observable causative 

effect on the overall vocational 

impairment, but need not be the sole or 

primary cause of the employment 

handicap. 

(2) When determining the individual’s 

overall vocational impairment, the CP or 

VRC will consider the factors identified 

in § 21.50(c). 

(3) For determinations made on 

applications for vocational 

rehabilitation filed on or after March 30, 

1995, but before October 9, 1996, the 

individual’s service-connected 

disability(ies) need not contribute to the 

individual’s overall vocational 

impairment. 

(Authority: 38 U.S.C. 3101, 3102) 

■ 4. Revise § 21.52 to read as follows: 

§ 21.52 Determining serious employment 

handicap. 

(a) Requirements for determining 

serious employment handicap. For each 

individual who is found to have an 

employment handicap, a CP or VRC 

must make a separate determination of 

whether the individual has a serious 

employment handicap. For the purposes 

of an initial evaluation under § 21.50, a 

serious employment handicap will be 

found to exist only if a CP or VRC 

determines that the individual meets 

each of the following conditions: 

(1) Significant vocational impairment. 

The individual has a significant 

vocational impairment; that is, a 

significant impairment of the ability to 

prepare for, obtain, or keep employment 

in an occupation consistent with his or 

her abilities, aptitudes, and interests, 

considering the factors described in 

§ 21.50 and paragraph (b) of this section. 

(2) Effects of significant impairment 

not overcome. The individual has not 

overcome the effects of the significant 

vocational impairment through 

employment in, or qualifying for 

employment in, an occupation 

consistent with his or her abilities, 

aptitudes, and interests. This includes 

an individual who qualifies for a 

suitable job, but who does not obtain or 

keep the job for reasons beyond his or 

her control. 

(Authority: 38 U.S.C. 3102) 

(3) Contribution of the serviceconnected disability(ies) to the 

individual’s overall significant 

vocational impairment. (i) Except as 

provided in paragraph (a)(3)(ii) of this 

section, the service-connected 

disability(ies) must contribute in 

substantial part to the individual’s 

overall significant vocational 

impairment. This means that the 

disability(ies) must have an identifiable, 

measurable, or observable causative 

effect on the overall significant 

vocational impairment, but need not be 

the sole or primary cause of the serious 

employment handicap. 

(Authority: 38 U.S.C. 3101) 

(ii) For determinations made on 

applications for vocational 

rehabilitation filed on or after March 30, 

1995, but before October 9, 1996, the 

individual’s service-connected 

disability(ies) need not contribute to the 

individual’s overall significant 

vocational impairment. 

(b) Factors for assessment during the 

initial evaluation, when determining 

whether a significant vocational 

impairment exists. The combination of 

all restrictions and their effects on the 

individual define the extent of the 

vocational impairment and its 

significance. When determining 

whether the individual has a significant 

vocational impairment, VA will develop 

and assess the following factors and 

their effects: 

(1) Number of disabling conditions; 

(2) Severity of disabling condition(s); 

(3) Existence of neuropsychiatric 

condition(s); 

(4) Adequacy of education or training 

for suitable employment; 

(5) Number, length, and frequency of 

periods of unemployment or 

underemployment; 

(6) A pattern of reliance on 

government support programs, such as 

welfare, service-connected disability 

compensation, nonservice-connected 

disability pension, worker’s 

compensation, or Social Security 

disability; 

(7) Extent and complexity of services 

and assistance the individual needs to 

achieve rehabilitation; 

(8) Negative attitudes toward 

individuals with disabilities and other 

evidence of restrictions on suitable 

employment, such as labor market 

conditions; discrimination based on age, 

race, gender, disability or other factors; 

alcoholism or other substance abuse; 

and 

(9) Other factors that relate to 

preparing for, obtaining, or keeping 

employment consistent with the 

individual’s abilities, aptitudes, and 

interests. 

(Authority: 38 U.S.C. 3102, 3106) 

Subpart M—Vocational Training and 

Rehabilitation for Certain Children of 

Vietnam Veterans—Spina Bifida and 

Covered Birth Defects 

■ 5. Revise the authority citation for part 

21, subpart M to read as follows: 

Authority: 38 U.S.C. 101, 501, 512, 1151 

note, ch. 18, 5112, and as noted in specific 

sections. 

§ 21.8032 [Amended]. 

■ 6. In § 21.8032, amend paragraph (a) 

by removing ‘‘§§ 21.50(b)(5)’’ and 

adding, in its place, ‘‘§§ 21.50(b)(3)’’. 

[FR Doc. E7–5432 Filed 3–23–07; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2006–0386; FRL–8291–6] 

Approval and Promulgation of 

Implementation Plans; Texas; El Paso 

County Carbon Monoxide 

Redesignation to Attainment, and 

Approval of Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On January 23, 2007 (72 FR 

2776), EPA published a direct final rule 

approving the redesignation of the El 

Paso, Texas, carbon monoxide (CO) 

nonattainment area to attainment for the 

CO National Ambient Air Quality 

Standard (NAAQS) and the CO 

maintenance plan with its associated 

Motor Vehicle Emission Budgets 

(MVEBs). EPA also found the MVEBs 

adequate. The direct final action was 

published without prior proposal 

because EPA anticipated no adverse 

comment. EPA stated in the direct final 

rule that if EPA received relevant 

adverse comment by February 22, 2007, 

EPA would publish a timely withdrawal 

in the Federal Register. EPA 


cprice-sewell on PROD1PC66 with RULES
14044 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Rules and Regulations 

subsequently received a timely relevant 

adverse comment on the direct final 

rule. Therefore, EPA is withdrawing the 

direct final approval, as well as the 

finding of adequacy for the MVEBs. EPA 

will address the comment in a 

subsequent final action based on the 

parallel proposal also published on 

January 23, 2007 (72 FR 2825). 

DATES: The direct final rule published 

on January 23, 2007 (72 FR 2776), is 

withdrawn as of March 26, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, Air Planning Section, 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–8542; fax number 

214–665–7263; e-mail address 

riley.jeffrey@epa.gov. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations. 

40 CFR Part 82 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: March 16, 2007. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ Accordingly, the amendments to 40 

CFR 52.2270(e) and to 40 CFR 81.344 

published in the Federal Register on 

January 23, 2007 (72 FR 2776), which 

were to become effective on March 26, 

2007, are withdrawn. 

[FR Doc. E7–5482 Filed 3–23–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R02–RCRA–2006–0518; FRL–8278–2] 

New York: Incorporation by Reference 

of State Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize States to operate their 

hazardous waste management programs 

in lieu of the Federal program. EPA uses 

the regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’ to provide notice of the 

authorization status of State programs 

and to incorporate by reference those 

provisions of the State regulations that 

will be subject to EPA’s inspection and 

enforcement. This rule does not 

incorporate by reference the New York 

hazardous waste statutes. The rule 

codifies in the regulations the prior 

approval of New York’s hazardous 

waste management program and 

incorporates by reference authorized 

provisions of the State’s regulations. In 

addition, this document corrects errors 

made in the program revision table in 

Section G published in the January 11, 

2005 Federal Register authorization 

document for New York. 

DATES: This regulation is effective May 

25, 2007, unless EPA receives adverse 

written comment on this regulation by 

the close of business April 25, 2007. If 

EPA receives such comments, it will 

publish a timely withdrawal of this 

immediate final rule in the Federal 

Register informing the public that this 

rule will not take effect. The Director of 

the Federal Register approves this 

incorporation by reference as of May 25, 

2007 in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02–

RCRA–2006–0518, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: infurna.michael@epa.gov. 

• Fax: (212) 637–3056. 

• Mail: Send written comments to 

Michael Infurna, Division of 

Environmental Planning and Protection, 

EPA, Region 2, 290 Broadway, 22nd 

Floor, New York, NY 10007. 

• Hand Delivery or Courier: Deliver 

your comments to Michael Infurna, 

Division of Environmental Planning and 

Protection, EPA, Region 2, 290 

Broadway, 22nd Floor, New York, NY 

10007. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The public is 

advised to call in advance to verify the 

business hours. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–RCRA–2006–

0518. EPA’s policy is that all comments 

received will be included in the public 

docket without change, 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 e-mail. The Federal 

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 e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

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 or any form of 

encryption, and be free of any defects or 

viruses. (For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm). 

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 http:// 

www.regulations.gov or in hard copy. 

You can inspect the records related to 

this codification effort in the EPA 

Region 2 Library, 290 Broadway, 16th 

Floor, New York, NY 10007, Phone 

number: (212) 637–3185. The public is 

advised to call in advance to verify the 

business hours. 

FOR FURTHER INFORMATION CONTACT: 

Michael Infurna, Division of 

Environmental Planning and Protection, 

EPA Region 2, 290 Broadway, 22nd 

floor, New York, NY 10007; telephone 

number (212) 637–4177; fax number: 

(212) 637–3056; e-mail address: 

infurna.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Correction 

There were typographical errors and 

omissions in the table published as part 

of the January 11, 2005 (70 FR 1827) 

authorization document for New York. 

The affected entries for that table are 


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