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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 ofVeterans 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 ofthe notice to aclaimant 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 ofVeterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 233-3005. ,SUPPLEMENTARY INFORMATION: 38 U.S.C. 5104(b) provides that whenthe Secretary ofVeterans Affairs denies a benefit sought, the notification to the claimant (and to the claimant's representative) ofthat decision must include astatement ofthe reasons for the denial ofbenefits and asummary 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 aclaimant or beneficiary and his or her representative will be notifiedin writing concerning decisions thataffect the payment of benefits or granting ofrelief and describesthe content of such a notification, but does not specify the content ofthe notification when benefits sought are denied.We have amended 3.103(f) accordingly.

VA is issuing afinal rule to implement thisstatutory requirement. Because this amendment implements a statutory provision, publicationas a proposal for public notice and comment is unnecessary.

Since anotice ofproposed rulemaking is unnecessary andwill not be published, thisamendment is nota ,rule" as defined in and made subject to the Regulatory FlexibilityAct (RFA), 5U.S.C. 601(2). In any case, this regulatory amendment will not have a significant economic impact on a substantial number ofsmall entities as they are defined inthe RFA, 5U.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 CFRPart3 Administrative practice and procedure, Claims, Handicapped, Health care, Pensions, Veterans.

Approved: September 22, 1993. Jesse Brown, SecretaryofVeterans Affairs. Forthe 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, continuesto 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 dueprocess and appellate rights.

(f)Notificationofdecisions. 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) ofthis section; the right to initiate an appeal by filing a Notice of Disagreement which will entitle the individual to a Statement ofthe Case for assistance in perfecting an appeal; and the periods in which an appeal mustbe initiated and perfected (See part 20 ofthis chapter, on appeals). Further, any notice that VA has denied a benefit sought will include
a summary ofthe 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 basicand enhanced vehicle inspection and maintenance (I/ M) programs contained in the 40 CFR part 51. EFFECTIVE DATE: Thiscorrection 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 subjectof thiscorrecting amendment, is grantedto the Environmental Protection Agency (EPA) bysections 182(a), 182(b), 182(c), 184(b), 187(a) and 118 ofthe Clean Air Actas amended (42 U.S.C. 7401 et seq).

EPA findsthere is good cause to make thiscorrection effective immediately becauseit merely corrects minor technicalerrors in the originally promulgated rule, and does not impose any independent requirements. Need for Correcting Amendment

As published,the final regulations contain errors which mayprove tobe misleadingand are in needof clarification. The errors are not substantial nor ofatechnical basisas to changethe original intentofthe rule. Four ofthe corrections made inthis rule need an explanation.

In §51.351, when referring to emission standards for light-duty vehicles and light-dutytrucks 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, infact the IM240 testprocedure
measures for total hydrocarbons, not non-methane hydrocarbons.The other standards listed here are all total hydrocarbon standards. The numerical levelsofthe standards are logical as total hydrocarbon standards, giventhe performance capability ofthe vehicles in question. The inclusion ofthe term non-methane hydrocarbons erroneously implies that measurement ofnonmethane is required. This was notthe intent ofthe 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 ofthis provision on page 52964 ofthe preamble to the rule made the intent of this provision clearthat it wasto applyFederal Register / Vol. 58, No. 215 / Tuesday, November 9, 1993 / Rules and Regulations 59367

to vehicles that do not meet the standard.

In §51.373. asentence isbeing 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.

InAppendix 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) ofthis section, remote visual observation ofinspector 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 asthe first row under theheadings ofthe table. This text was inadvertently omitted from the final version.

On page 53013, inthe third column, the title ofthe table "Section" shouldbe corrected to read "Second". List ofSubjects 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 ofchapter 1,title 40 ofthe Code ofFederal Regulations is amended as follows. PART 51-(AMENDED]
1.The authority citation forpart 51 continues to read as follows:

Authority: 42 U.S.C. 7401-7671. 2. Section 51.351 is amendedby 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 dutyvehicles meeting Tier 1 emission standards of0.70 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 of0.70 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 1emission standards of0.80 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 amendedby revising paragraph (a)(8) to read as follows: §51.360 Waivers and compliancevia diagnostic Inspection.

•* a a * (a) * * * (8) States may establish lower minimum expenditures ifa 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 theAdministrator ifan enhanced I/M program is implemented.

* *t * * *

7. Appendix A is amended by revising the first sentence ofparagraph (I)(c) to read as follows: Appendix A to Subpart SCalibrations, Adjustments and Quality Control



### (1)

* * * (c) * * *A system leakcheck shall be performed within twenty-four hours before the test in low volume stations (those performing lessthan 4,000 inspections per year) and within four hours in high-volume stations (4,000 ormore inspections peryear) and may be performed in conjunction with the gas calibration as described In paragraph (I(d)(1) ofthis 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 Eto Subpart S-[Amended] 40 CFR Part 271

9. In appendix Ein the heading, in the first column ofthe 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 Revisionsto State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency. ACTION: Immediate final rule.

SUMMARY: Florida has applied for final authorization ofrevisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). Florida's revisions consist ofthe 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 ofHSWA 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