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Citation: 58 Fed. Reg. 59366 1993 

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" 59366 Federal Register / Vol. 58, No. 215 / Tuesday, November 9, 1993 / Rules and Regulations

ACTION: Final rule.

SUMMARY:The Department of Veterans

Affairs (VA) has amended its

adjudication regulations concerning procedural due process and appellate

rights. This amendment is necessary to

implement statutory changes concerning the content of the notice to a claimant

when benefits sought are denied. The

intended effect of this amendment is to

bring the regulations into conformance

with the statutory requirements.

EFFECTIVE DATE: This amendment is

effective November 9, 1993.

FOR FURTHER INFORMATION CONTACT:John

Bisset, Jr., Consultant, Regulations Staff,

Compensation and Pension Service,

Veterans Benefits Administration,

Department of Veterans Affairs, 810

Vermont Avenue, NW., Washington, DC

20420, (202) 233-3005.

,SUPPLEMENTARY INFORMATION: 38 U.S.C.

5104(b) provides that when the

Secretary of Veterans Affairs denies a

benefit sought, the notification to the

claimant (and to the claimant's

representative) of that decision must

include a statement of the reasons for

the denial of benefits and a summary of

the evidence considered in reaching that

decision. This requirement is not clearly reflected in the regulations at 38 CFR

3.103 concerning procedural due

process and appellate rights. 38 CFR

3.103(f) stipulates that a claimant or

beneficiary and his or her representative

will be notified in writing concerning

decisions that affect the payment of

benefits or granting of relief and

describes the content of such a

notification, but does not specify the

content of the notification when benefits

sought are denied. We have amended

3.103(f) accordingly.

VA is issuing a final rule to

implement this statutory requirement.

Because this amendment implements a

statutory provision, publication as a

proposal for public notice and comment

is unnecessary.

Since a notice of proposed rulemaking

is unnecessary and will not be

published, this amendment is not a ,rule" as defined in and made subject

to the Regulatory Flexibility Act (RFA), 5 U.S.C. 601(2). In any case, this

regulatory amendment will not have a

significant economic impact on a

substantial number of small entities as

they are defined in the RFA, 5 U.S.C.

601--612. This amendment will not

directly affect any small entity.

The Catalog of Federal Domestic

Assistance program numbers are 64.100,

64.101. 64.104, 64.105, 64.106, 64.109

and 64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Handicapped,

Health care, Pensions, Veterans.

Approved: September 22, 1993.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 3 is amended as

set forth below:

PART 3-ADJUDICATION

Subpart A-Pension, Compensation,

and Dependency and Indemnlty

Compensation

1. The authority citation for part 3.

subpart A, continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. In § 3.103, paragraph (f) has been

revised, and an authority citation added,

to read as follows:

§3.103 Procedural due process and

appellate rights.

(f) Notification of decisions. The

claimant or beneficiary and his or her

representative will be notified in writing

of decisions affecting the payment of

benefits or granting relief. All

notifications will advise the claimant of

the reason for the decision; the date the

decision will be effective; the right to a

hearing subject to paragraph (c) of this

section; the right to initiate an appeal by

filing a Notice of Disagreement which

will entitle the individual to a

Statement of the Case for assistance in

perfecting an appeal; and the periods in

which an appeal must be initiated and

perfected (See part 20 of this chapter, on appeals). Further, any notice that VA

has denied a benefit sought will include

a summary of the evidence considered.

(Authority: 38 U.S.C. 5104)

[FR Doc. 93-27470 Filed 11-8-93; 8:45 am]

BILLING CODE 6320-C1-U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 51

[FRL-4686-1]

Inspection/Maintenance Program

Requirements; Correcting

Amendments

AGENCY: Environmental Protection

Agency.

ACTION: Correcting amendments.

SUMMARY: This document contains

corrections to the final regulations,

Inspection/Maintenance Program

Requirements, which were published

Thursday, November 5, 1992, (57 FR

52950). The regulation establishes

performance standards and other

requirements for basic and enhanced

vehicle inspection and maintenance (I/

M) programs contained in the 40 CFR

part 51.

EFFECTIVE DATE: This correction will

take effect on November 9, 1993.

FOR FURTHER INFORMATION CONTACT:

Eugene J. Tierney (313) 668-4456.

SUPPLEMENTARY INFORMATION:

Background

The authority for the final regulations

that are the subject of this correcting

amendment, is granted to the

Environmental Protection Agency (EPA)

by sections 182(a), 182(b), 182(c),

184(b), 187(a) and 118 of the Clean Air

Act as amended (42 U.S.C. 7401 et seq).

EPA finds there is good cause to make

this correction effective immediately

because it merely corrects minor

technical errors in the originally

promulgated rule, and does not impose

any independent requirements.

Need for Correcting Amendment

As published, the final regulations

contain errors which may prove to be

misleading and are in needof

clarification. The errors are not

substantial nor of a technical basis as to

change the original intent of the rule.

Four of the corrections made in this rule

need an explanation.

In § 51.351, when referring to

emission standards for light-duty

vehicles and light-duty trucks under

6,000 pounds GVWR and greater than

6,000 pounds GVWR meeting Tier 1

emission standards, the rule incorrectly

refers to non-methane hydrocarbons,

when, in fact the IM240 test procedure

measures for total hydrocarbons, not

non-methane hydrocarbons. The other

standards listed here are all total

hydrocarbon standards. The numerical

levels of the standards are logical as

total hydrocarbon standards, given the

performance capability of the vehicles

in question. The inclusion of the term

non-methane hydrocarbons erroneously

implies that measurement of nonmethane is required. This was not the

intent of the rule. The word "nonmethane" and its acronym are being

removed.

In § 51.360, the word "not" was

inadvertently omitted from paragraph (a)(8). It is being added. The explanation

of this provision on page 52964 of the

preamble to the rule made the intent of

this provision clear that it was to apply
Federal Register / Vol. 58, No. 215 / Tuesday, November 9, 1993 / Rules and Regulations 59367

to vehicles that do not meet the

standard.

In § 51.373. a sentence is being added

to paragraph (b) to make clear EPA's

intent, described in the preamble to the

rule on page 52971, that all basic I/M

areas are allowed the additional time to

meet the deadlines when opting to do

enhanced I/M programs. In Appendix A to subpart S, in

paragraph (I)(c), the number "5,000" is

being corrected to read "4,000" so that

it is consistent with the section on

quality assurance, § 51.363, on page

52997. Beginning with paragraph (4)(i)

of this section, remote visual

observation of inspector performance,

high-volume stations are referred to as

those performing more than 4,000 tests

per year.

In Appendix D to subpart S on page

53013 under (I)(b){1), an additional row

needs to be inserted as the first row

under the headings of the table. This

text was inadvertently omitted from the

final version.

On page 53013, in the third column,

the title of the table "Section" should be

corrected to read "Second".

List of Subjects in 40 CFR Part 51

Environmental protection,

Administrative practice and procedure,

Air pollution control, Carbon monoxide,

Intergovernmental relations, Lead,

Motor vehicle pollution, Nitrogen oxide,

Ozone. Particulate matter, Reporting

and recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: August 6. 1993.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, part 51 of chapter 1, title 40

of the Code of Federal Regulations is

amended as follows.

PART 51-(AMENDED]

1. The authority citation for part 51

continues to read as follows:

Authority: 42 U.S.C. 7401-7671.

2. Section 51.351 is amended by

revising paragraphs (a)(7)(iv) through

(a)(7)(vi)

§51.351 Enhanced I/M performance standard.

(a) * * a

(7) * * *

(iv) Emission standards for 1994 and

later light duty vehicles meeting Tier 1

emission standards of 0.70 gpm HC, 15

gpm CO, and 1.4 gpm NOx.

(v) Emission standards for 1994 and

later light duty trucks under 6000

pounds GVWR and meeting Tier I

emission standards of 0.70 gpm HC, 15

gpm CO and 2.5 gpm NOx;

(vi) Emission standards for 1994 and

later light duty trucks greater than 6000

pounds GVWR and Tier 1 emission

standards of 0.80 gpm HO, 15 gpm CO

and 2.5 gpm NOx; a a a * a

§51.353 [Amended]

3. In § 51.353, paragraph (a) is

amended by revising the word "barrel"

to read, "barred". a a a * *

§51.359 [Amended]

4. In § 51.359, in the first sentence of

paragraph (e)(1), the word "ultraviolent" is revised to read, "ultraviolet".

.5. Section 51.360 is amended by

revising paragraph (a)(8) to read as

follows:

§51.360 Waivers and compliance via

diagnostic Inspection. •* a a *

(a) * * *

(8) States may establish lower

minimum expenditures if a program is

established to scrap vehicles that do not

meet standards after the lower

expenditure is made. * * *t * it

6. Section 51.373 is amended by

adding a sentence to the end of

paragraph (a) to read as follows:

§51.373 Implementation deadlines. . *t * * *r

(a) * * More implementation time

may be approved by the Administrator

if an enhanced I/M program is

implemented.

* *t * * *

7. Appendix A is amended by revising

the first sentence of paragraph (I)(c) to

read as follows:

Appendix A to Subpart SCalibrations, Adjustments and Quality

Control

(1) * * *

(c) * * * A system leak check shall be

performed within twenty-four hours before

the test in low volume stations (those

performing less than 4,000 inspections per

year) and within four hours in high-volume

stations (4,000 or more inspections per year)

and may be performed in conjunction with

the gas calibration as described In paragraph

(I(d)(1) of this appendix. * * * • * * * *

8. In appendix D the table in

paragraph (I)(b)(1) is amended by

adding as the first entry "HC, ppm" to

read as follows:

Appendix D to Subpart S-Steady-State

Short Test Equipment

a * * * *

(I) * * *

(b}* * *

(1} * * *

Channel Range Accuracy Noise Repeatability

HC, ppm ............................................................................................................................................ 0-400 ±12 6 8

Appendix E to Subpart S-[Amended] 40 CFR Part 271

9. In appendix E in the heading, in the

first column of the table the word

"Section" is revised to read "Second".

IFR Doc. 93-27417 Filed 11-8-93; 8:45 am]

BILLING CODE 6560-50-P

[FRL-4798-4]

State of Florida; Final Authorization of

Revisions to State Hazardous Waste

Management Program

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: Florida has applied for final

authorization of revisions to its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). Florida's revisions consist

of the provisions contained in the rules

promulgated between November 8,

1984, and June 30, 1987, otherwise

known as HSWA Cluster I as well as

three technical corrections found in

HSWA Cluster II. Florida is not

applying for the corrective action

component of HSWA Cluster I. The

requirements are listed in Section B of

this document. The Environmental

Protection Agency (EPA) has reviewed

Florida's application and has made a

decision, subject to public review and

comment, that Florida's hazardous