Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Rules and Regulations 84239 

Timely publication of these rules in 

the Federal Register may be precluded 

when a rule responds to an emergency, 

or when an event occurs without 

sufficient advance notice. The affected 

public is, however, often informed of 

these rules through Local Notices to 

Mariners, press releases, and other 

means. Moreover, actual notification is 

provided by Coast Guard patrol vessels 

enforcing the restrictions imposed by 

the rule. Timely publication of 

notifications of enforcement of 

reoccurring regulations may be 

precluded when the event occurs with 

short notice or other agency procedural 

restraints. 

Because Federal Register publication 

was not possible before the end of the 

effective period, mariners would have 

been personally notified of the contents 

of these safety zones, security zones, 

special local regulations, regulated 

navigation areas or drawbridge 

operation regulations by Coast Guard 

officials on-scene prior to any 

enforcement action. However, the Coast 

Guard, by law, must publish in the 

Federal Register notice of substantive 

rules adopted. To meet this obligation 

without imposing undue expense on the 

public, the Coast Guard periodically 

publishes a list of these temporary 

safety zones, security zones, special 

local regulations, regulated navigation 

areas and drawbridge operation 

regulations. Permanent rules are not 

included in this list because they are 

published in their entirety in the 

Federal Register. Temporary rules are 

also published in their entirety if 

sufficient time is available to do so 

before they are placed in effect or 

terminated. In some of our reoccurring 

regulations, we say we will publish a 

notice of enforcement as one of the 

means of notifying the public. We use 

this notification to announce those 

notifications of enforcement that we 

issued and will post them to their 

dockets. 

The following unpublished rules were 

placed in effect temporarily during the 

period between April 2023 and June 

2023. To view copies of these rules, visit 

www.regulations.gov and search by the 

docket number indicated in the 

following table. 

Docket No. Type of regulation Location Enforcement 

date 

USCG–2023–0304 .................. Safety Zones (Parts 147 and 165) .................. Tampa, FL ....................................................... 4/6/2023 

USCG–2022–0726 .................. Safety Zones (Parts 147 and 165) .................. Tacoma, WA .................................................... 4/9/2023 

USCG–2023–0228 .................. Special Local Regulations (Part 100) .............. Charleston, SC ................................................ 4/20/2023 

USCG–2023–0003 .................. Safety Zones (Parts 147 and 165) .................. San Francisco, CA .......................................... 4/22/2023 

USCG–2023–0362 .................. Safety Zones (Parts 147 and 165) .................. Tarpon Springs, FL .......................................... 4/26/2023 

USCG–2023–0307 .................. Safety Zones (Parts 147 and 165) .................. Erie, PA ........................................................... 4/27/2023 

USCG–2023–0267 .................. Safety Zones (Parts 147 and 165) .................. St. Thomas, USVI ............................................ 4/29/2023 

USCG–2023–0405 .................. Security Zones (Part 165) ............................... Philadelphia, PA .............................................. 5/15/2023 

USCG–2023–0433 .................. Safety Zones (Parts 147 and 165) .................. San Pedro Bay, CA ......................................... 5/18/2023 

USCG–2023–0404 .................. Safety Zones (Parts 147 and 165) .................. Pittsburgh, PA .................................................. 5/25/2023 

USCG–2023–0414 .................. Safety Zones (Parts 147 and 165) .................. Lake Charles, LA ............................................. 5/26/2023 

USCG–2023–0439 .................. Safety Zones (Parts 147 and 165) .................. Lake Ozark, MO .............................................. 6/3/2023 

USCG–2023–0342 .................. Safety Zones (Parts 147 and 165) .................. Sturgeon Bay, WI ............................................ 6/3/2023 

USCG–2023–0021 .................. Safety Zones (Parts 147 and 165) .................. Greene County, PA ......................................... 6/8/2023 

USCG–2023–0480 .................. Safety Zones (Parts 147 and 165) .................. Charleston, SC ................................................ 6/12/2023 

USCG–2023–0505 .................. Security Zones (Part 165) ............................... San Francisco, CA .......................................... 6/13/2023 

USCG–2023–0484 .................. Safety Zones (Parts 147 and 165) .................. Chicago, IL ...................................................... 6/15/2023 

USCG–2023–0525 .................. Security Zones (Part 165) ............................... San Francisco, CA .......................................... 6/19/2023 

USCG–2023–0537 .................. Safety Zones (Parts 147 and 165) .................. Santa Barbra Channel, CA .............................. 6/20/2023 

USCG–2023–0422 .................. Safety Zones (Parts 147 and 165) .................. Clear Creek, TX ............................................... 6/23/2023 

Michael Cunningham, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2023–26537 Filed 12–4–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AR90 

VA Veteran Readiness and 

Employment Program: Removal of 

Regulation Regarding Repayment of 

Training and Rehabilitation Supplies 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is removing a regulation 

that addresses the circumstances under 

which a Veteran is to repay the value of 

training and rehabilitation supplies and 

the exceptions where repayment is not 

required. A prior version of the 

regulation’s authorizing statute 

contained a provision that permitted VA 

to require the return or repayment of 

books, supplies, or equipment if a 

Veteran failed to complete a course of 

vocational rehabilitation due to fault on 

their part. However, because the 

authorizing statute no longer contains 

that provision, and because there is no 

statutory authority allowing VA to 

require reimbursement of books, 

supplies, or equipment under any 

circumstance where a Veteran fails to 

complete a course of vocational 

rehabilitation, VA is removing the 

governing regulation. 

DATES: This final rule is effective 

December 5, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Loraine Spangler, Policy Analyst, 

Veteran Readiness and Employment 

Service (28), 810 Vermont Ave. NW, 

Washington, DC 20420; 

Loraine.Spangler@va.gov; (202) 461– 

9600 (this is not a toll-free telephone 

number). 

SUPPLEMENTARY INFORMATION: The 

purpose of this rulemaking is to remove 

38 CFR 21.222 (‘‘Release of, and 

repayment for, training and 

rehabilitation supplies’’) because it is no 

longer supported by statutory authority. 

Section 21.222 sets forth the 

circumstances under which a Veteran is 

to repay the value of training and 

rehabilitation supplies when the 

Veteran fails to complete a 

rehabilitation program as planned. 

Section 21.222 also lists numerous 

exceptions where VA will not require 

reimbursement from the Veteran, 

including when the failure to complete 

the program is not the Veteran’s fault. 

A prior version of the regulation’s 

authorizing statute provided that ‘‘[a]ny 


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84240 Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Rules and Regulations 

books, supplies, or equipment furnished 

a veteran under this chapter shall be 

deemed released to the veteran, except 

that if, because of fault on the veteran’s 

part, the veteran fails to complete the 

course of vocational rehabilitation, the 

veteran may be requir[]ed by the 

Administrator to return any or all of 

such books, supplies, or equipment not 

actually expended, or to repay the 

reasonable value thereof.’’ 38 U.S.C. 

1509(a) (1976). However, Congress 

subsequently removed that provision 

from the authorizing statute. The 

current statute provides, in pertinent 

part, that the Secretary may provide 

‘‘[v]ocational and other training services 

and assistance, including individualized 

tutorial assistance, tuition, fees, books, 

supplies, handling charges, licensing 

fees, and equipment and other training 

materials determined by the Secretary to 

be necessary to accomplish the purposes 

of the rehabilitation program in the 

individual case.’’ 38 U.S.C. 

3104(a)(7)(A). There is no longer a 

statutory provision that permits VA to 

require the return or repayment of 

books, supplies, or equipment when a 

Veteran fails to complete a course of 

vocational rehabilitation because of 

fault on the Veteran’s part. 

Accordingly, VA is removing 38 CFR 

21.222, the regulation that addresses the 

circumstances under which a Veteran is 

to repay the value of training and 

rehabilitation supplies and the 

exceptions where repayment is not 

required. VA is removing § 21.222 in its 

entirety. The regulation’s enumerated 

exceptions under which a Veteran is not 

required to repay the value of supplies 

are moot because there is no longer a 

statutory authority that permits VA to 

require the return or repayment of 

books, supplies, or equipment under 

any circumstance where a Veteran fails 

to complete a course of vocational 

rehabilitation. 

Although 38 U.S.C. 3104 does not 

authorize VA to require the return or 

repayment of books, supplies, or 

equipment when a Veteran fails to 

complete a course of vocational 

rehabilitation, controls are in place to 

protect the integrity of the VR&E 

program and guard against fraud, waste, 

and abuse. 

To conform with the removal of 38 

CFR 21.222, VA is also revising 38 CFR 

21.212(b) and 38 CFR 21.224 to remove 

their references to 38 CFR 21.222. 

Administrative Procedure Act 

The Secretary of Veterans Affairs 

finds that there is good cause under the 

provisions of 5 U.S.C. 553(b)(B) and (d) 

to publish this final rule without prior 

opportunity for public comment and 

with immediate effect. There is no 

longer a statutory authority that permits 

VA to require the return or repayment 

of books, supplies, or equipment under 

any circumstance where a Veteran fails 

to complete a course of vocational 

rehabilitation. VA thus finds that prior 

opportunity for public comment is 

unnecessary under 5 U.S.C. 553(b)(B). 

For the same reason, VA concludes that 

there is good cause not to delay the 

effective date of the final rule under 5 

U.S.C. 553(d)(3). 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Executive Orders 12866, 13563 and 

14094 

Executive Order 12866 (Regulatory 

Planning and Review) directs agencies 

to assess the costs and benefits of 

available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 (Modernizing Regulatory Review) 

supplements and reaffirms the 

principles, structures, and definitions 

governing contemporary regulatory 

review established in Executive Orders 

12866 and 13563. The Office of 

Information and Regulatory Affairs has 

determined that this rulemaking is not 

a significant regulatory action under 

Executive Order 12866, as amended by 

Executive Order 14094. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601–612, is not applicable to this 

rulemaking because notice of proposed 

rulemaking is not required. 5 U.S.C. 

601(2), 603(a), 604(a). 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Education, 

Employment, Grant programs— 

education, Grant programs-veterans, 

Health care, Loan programs-education, 

Loan programs-veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, signed and approved 

this document on November 27, 2023, 

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. 

Jeffrey M. Martin, 

Assistant Director, Office of Regulation Policy 

& Management, Office of General Counsel, 

Department of Veterans Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR part 21 as set 

forth below: 

PART 21—VETERAN READINESS AND 

EMPLOYMENT AND EDUCATION 

Subpart A—Veteran Readiness and 

Employment 

■ 1. The authority citation for part 21, 

subpart A, continues to read as follows: 

Authority: 38 U.S.C. 501(a), chs. 18, 31, 

and as noted in specific sections. 

§ 21.212 [Amended] 

■ 2. Amend § 21.212 in paragraph (b) by 

removing ‘‘21.222’’ and adding in its 

place ‘‘21.220’’. 

§ 21.222 [Removed] 

■ 3. Remove § 21.222. 


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Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Rules and Regulations 84241 

1 62 FR 27968 (May 22, 1997). 

§ 21.224 [Amended] 

■ 4. Amend § 21.224 by removing 

‘‘21.222’’ and adding in its place 

‘‘21.220’’. 

[FR Doc. 2023–26625 Filed 12–4–23; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2022–0442; FRL–10601– 

02–R5] 

Air Plan Approval; Ohio; Volatile 

Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving into the 

Ohio State Implementation Plan (SIP) a 

source-specific volatile organic 

compound (VOC) limit, excluding water 

and exempt solvents, for the applicable 

process lines at Forest City 

Technologies, Plant 4, in Wellington, 

Ohio as contained in the June 23, 2020, 

operating permit issued by the Ohio 

Environmental Protection Agency. On 

August 14, 2023, EPA proposed to 

approve this action and received no 

adverse comments. 

DATES: This final rule is effective on 

January 4, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2022–0442. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or 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 and 

facility closures due to COVID–19. We 

recommend that you telephone Anthony 

Maietta, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Control Strategies 

Section, Air Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background Information 

On August 14, 2023 (88 FR 54996), 

EPA proposed to approve the addition 

of paragraphs C.1.b)(1)e., C.1.d)(3), 

C.1.e)(1)c., C.1.f)(1)d., C.2.b)(1)e., 

C.2.d)(4), C.2.e)(3)b., and C.2.f)(1)d. as 

listed in the June 23, 2020, operating 

permit for Forest City Technologies into 

Ohio’s SIP. An explanation of the Clean 

Air Act (CAA) requirements, a detailed 

analysis of the revisions, and EPA’s 

reasons for proposing approval were 

provided in the notice of proposed 

rulemaking and will not be restated 

here. The public comment period for 

this proposed rule ended on September 

13, 2023. EPA received two supportive 

comments from citizens. EPA also 

received one comment on the proposal 

that discussed border protection and 

vehicular incidents on roadways. All 

the comments received are included in 

the docket for this action. 

We do not consider the border 

protection and vehicular incident 

comment to be germane or relevant to 

this action and therefore not adverse to 

this action. The comment lacks the 

required specificity to the proposed SIP 

revision and the relevant requirements 

of CAA section 110. Moreover, the 

comment does not address a specific 

regulation or provision in question or 

recommend a different action on the SIP 

submission from what EPA proposed. 

Therefore, we are finalizing our action 

as proposed. 

II. Final Action 

EPA is approving into Ohio’s SIP the 

addition of paragraphs C.1.b)(1)e., 

C.1.d)(3), C.1.e)(1)c., C.1.f)(1)d., 

C.2.b)(1)e., C.2.d)(4), C.2.e)(3)b., and 

C.2.f)(1)d. as listed in the Permit-toInstall and Operate, Number P0127984, 

issued to Forest City Technologies, 

Plant 4 on June 23, 2020. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the permit for Forest City 

Technologies, Plant 4, which regulates 

operations at the plant, as described in 

section II of this preamble and set forth 

in the amendments to 40 CFR part 52 

below. EPA has made, and will continue 

to make, these documents generally 

available through www.regulations.gov, 

and at the EPA Region 5 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993), and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 


khammond on DSKJM1Z7X2PROD with RULES