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

1 The 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. CO 2 and O 2 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 AmendmentsB. Implementing the Amended AttorneyFee Provision IV. Overview of Comments V. Final Rule and Response to Comments

A. Conforming AmendmentsB. 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.