10508 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations 

1The Coble Act amendments to 46 U.S.C. 301(b) 

establishing conflict-of-interest restrictions for 

Commissioners were not addressed in the NPRM 

and are outside the scope of this rulemaking. The 

Commission is currently evaluating the need for 

regulatory action in response to these amendments. 

(1) The eligible person’s basis for 

eligibility. Enrolled veterans will 

receive first priority, followed in order 

by non-enrolled veterans; 

servicemembers; Family Caregivers; 

persons receiving counseling, training, 

or mental health services under 38 

U.S.C. 1782 and 38 CFR 71.50; CITI 

beneficiaries; and guests. Persons 

eligible under more than one 

designation will be considered in the 

highest priority category for which that 

trip permits. VA will provide 

transportation to any attendant 

accompanying a veteran or 

servicemember who is approved for 

transportation. 

(2) First in time request. 

(3) An eligible person’s clinical need. 

(4) An eligible person’s inability to 

transport him or herself (e.g., visual 

impairment, immobility, etc.). 

(5) An eligible person’s eligibility for 

other transportation services or benefits. 

(6) The availability of other 

transportation services (e.g., common 

carriers, veterans’ service organizations, 

etc.). 

(7) The VA facility’s ability to 

maximize the use of available resources. 

(The Office of Management and 

Budget has approved the information 

collection requirements in this section 

under control number 2900–0838.) 

(Authority: 38 U.S.C. 111A, 501) 

[FR Doc. 2016–04281 Filed 2–29–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 75 

Continuous Emission Monitoring 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Parts 72 to 80, revised as of 

July 1, 2015, on page 223, in § 75.16, 

paragraphs (b)(1)(ii)(A) and (b)(1)(ii)(B) 

are removed. 

[FR Doc. 2016–04435 Filed 2–29–16; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 75 

Continuous Emission Monitoring 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Parts 72 to 80, revised as of 

July 1, 2015, on page 365, in Appendix 

A to Part 75, the first heading ‘‘2.1.3. 

CO2 and O2 Monitors’’ and the text 

following it are removed. 

[FR Doc. 2016–04437 Filed 2–29–16; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL MARITIME COMMISSION 

46 CFR Parts 501 and 502 

[Docket No. 15–06] 

RIN 3072–AC61 

Organization and Functions; Rules of 

Practice and Procedure; Attorney Fees 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission amends its Rules of 

Practice and Procedure governing the 

award of attorney fees in Shipping Act 

complaint proceedings, and its 

regulations related to Commissioner 

terms and vacancies. The regulatory 

changes implement statutory 

amendments made by the Howard Coble 

Coast Guard and Maritime 

Transportation Act of 2014. 

DATES: This final rule is effective: March 

1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Phone: (202) 523–5725, 

Email: secretary@fmc.gov. For legal 

questions, contact William H. Shakely, 

General Counsel, Phone: (202) 523– 

5740. Email: generalcounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

II. Background 

III. Summary of July 2, 2015, Notice of 

Proposed Rulemaking 

A. Conforming Amendments 

B. Implementing the Amended AttorneyFee Provision 

IV. Overview of Comments 

V. Final Rule and Response to Comments 

A. Conforming Amendments 

B. Implementing the Amended AttorneyFee Provision 

1. Who is eligible to recover attorney fees? 

a. Proceedings 

b. Parties 

2. How will the commission exercise its 

discretion? 

a. General 

b. Treatment of Prevailing Complainants 

vs. Prevailing Respondents 

c. Factors for Consideration When 

Determining Entitlement 

d. Different Entitlement Standards 

Depending on Type of Proceeding 

3. How will the commission apply the 

provision to pending proceedings? 

VI. Rulemaking Analyses and Notices 

I. Executive Summary 

Title IV of the Howard Coble Coast 

Guard and Maritime Transportation Act 

of 2014, Public Law 113–281 (Coble 

Act), enacted on December 18, 2014, 

amended the Shipping Act of 1984 and 

the statutory provisions governing the 

general organization of the Commission. 

Specifically, section 402 of the Coble 

Act amended the statutory provision 

governing the award of attorney fees, 

which may now be awarded to any 

prevailing party in a complaint 

proceeding. See 46 U.S.C. 41305(e). 

Section 403 of the Coble Act established 

term limits for future Commissioners, 

limited the amount of time that future 

Commissioners will be permitted to 

serve beyond the end of their terms, and 

established conflict-of-interest 

restrictions for current and future 

Commissioners. See 46 U.S.C. 301(b). 

In response to these statutory 

amendments, the Commission 

published a Notice of Proposed 

Rulemaking (NPRM) on July 2, 2015. 80 

FR 38153. Specifically, the Commission 

proposed to amend affected regulations 

to conform the regulatory language to 

the revised statutory text.1 In addition, 

the Commission sought comment on an 

appropriate framework for determining 

attorney fee awards under the amended 

fee-shifting provision. The Commission 

offered to provide additional guidance 

on this issue and, where appropriate, 

incorporate that guidance into the 

Commission Rules of Practice and 

Procedure. To that end, the NPRM 

discussed three general questions on 

which the Commission’s guidance 

would focus: 

• Who is eligible to recover attorney 

fees? 

• How will the Commission exercise 

its discretion to determine whether to 

award attorney fees to an eligible party? 

• How will the Commission apply the 

new attorney-fee provision to 

proceedings that were pending before 

the Commission when the Coble Act 

was enacted on December 18, 2014? 

The Commission received five 

comments, all of which focused on the 

framework for determining attorney fee 

awards and the three general questions 

described above. None of the comments 

discussed the conforming edits 

proposed in the NPRM. Accordingly, 

this final rule adopts the proposed 

conforming edits with minor changes, 

which are explained in detail below. 


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