2522 Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations

V. List of Subjects in 30 CFR Part 944

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 3, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–569 Filed 1–9–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 3

RIN 2900–AH12

Exclusions from Income (RECA

Payments)

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

adjudication regulations concerning

income and net worth exclusions. The

purpose of the rule is to implement

legislation excluding from consideration

as countable income and net worth

amounts paid to claimants under the

Radiation Exposure Compensation Act

(RECA). The intended effect of this

amendment is to have VA regulations

conform to the requirements of that

statute.

EFFECTIVE DATE: This amendment is

effective October 15, 1990, the date

specified in Pub. L. 101–426.

FOR FURTHER INFORMATION CONTACT: Paul

Trowbridge, Consultant, Regulations

Staff, Compensation and Pension

Service, Veterans Benefits

Administration, 810 Vermont Avenue,

NW, Washington, DC 20420, telephone

(202) 273–7210.

SUPPLEMENTARY INFORMATION: Public

Law 101–426, the Radiation Exposure

Compensation Act (RECA), was enacted

by Congress to compensate individuals

who may have suffered adverse health

effects from working in uranium mines

or living downwind of above-ground

nuclear tests. Section 6(h) of that law

provides that RECA payments shall not

be included as income or resources for

purposes of determining eligibility for

benefits described in section

3803(c)(2)(C) of Title 31, United States

Code. Title 31 U.S.C. 3803(c)(2)(C)(viii)

lists benefits under chapters 11, 13 and

15 of Title 38, United States Code,

which governs payment of VA benefits.

VA administers several income-based

benefit programs under which a

claimant’s countable income determines

the rate of VA benefits payable. Net

worth may also affect eligibility. Those

affected by RECA are death

compensation (38 U.S.C. chapter 11),

Parents’ Dependency and Indemnity

Compensation (38 U.S.C. chapter 13)

and the Improved Pension program (38

U.S.C. chapter 15). Other VA benefits

which are income-based, notably the

prior pension programs known as the

Section 306 and Old Law pension

programs, are no longer authorized

under those chapters of 38 U.S.C. listed

in Public Law 101–426.

VA regulations at 38 CFR 3.271 state

that payments of any kind from any

source shall be counted as income for

purposes of the Improved Pension

program unless specifically excluded

under 38 CFR 3.272. 38 CFR 3.261(a)

indicates whether various categories of

income are included or excluded when

determining eligibility for Parents

Dependency and Indemnity

Compensation or pension programs

which were in effect prior to January 1,

1979. It also indicates whether various

categories of income are included or

excluded when determining whether a

parent qualifies as a dependent parent

for purposes of 38 U.S.C. chapter 11. 38

CFR 3.274 states that Improved Pension

shall be denied or discontinued when

the corpus of a claimant’s estate is such

that it is reasonable that some of the

estate be used for the claimant’s

maintenance.

We are amending 38 CFR 3.261,

3.262, and 3.272 to show that RECA

payments are excludable from countable

income for Parents’ Dependency and

Indemnity Compensation, the Improved

Pension program, and in determining

whether a parent is dependent for

purposes of 38 U.S.C. chapter 11. We

are amending 38 CFR 3.275 to show that

RECA payments are not to be included

in computing an Improved Pension

claimant’s net worth. Net worth is not

a factor for Parents’ Dependency and

Indemnity Compensation. The purpose

of this rule is to amend the regulations

to be consistent with the provisions of

section 6 of Public Law 101–426.

This final rule is made effective

without notice and comment since it

makes changes merely to reflect

statutory requirements.

The Secretary certifies that this final

rule will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility Act

(RFA), 5 U.S.C. 601–612. This rule will

directly affect VA beneficiaries but will

not affect small businesses. Therefore,

pursuant to 5 U.S.C. 605(b), this final

regulation is exempt from the initial and

final regulatory flexibility analyses

requirements of sections 603 and 604.

The catalog of Federal Domestic Assistance

program numbers are 64.104, 64.105, 64.109,

and 64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Health care,

Individuals with disabilities, Pensions,

Veterans.

Approved: December 22, 1994.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR Part 3 is amended as

follows:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation,

and Dependency and Indemnity

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 § 3.261, a new paragraph (a)(38)

is added to read as follows:

§ 3.261 Character of income; exclusions

and estates.

(a) Income

* * * * * * *

(38) Income received under Section 6 of the

Radiation Exposure Compensation Act (Pub. L. 101–426) Excluded Excluded Included Included 3.262(w)

* * * * * * *

3. In § 3.262, paragraph (w) and its

authority citation are added to read as

follows:

§ 3.262 Evaluation of income.

* * * * *

(w) Radiation Exposure

Compensation Act. For the purposes of

parents’ dependency and indemnity

compensation, there shall be excluded

from income computation payments

under Section 6 of the Radiation

Exposure Compensation Act of 1990.

(Authority: 42 U.S.C. 2210 note)
Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations 2523

4. In § 3.272, paragraph (s) and its

authority citation are added to read as

follows:

§ 3.272 Exclusions from income.

* * * * *

(s) Radiation Exposure Compensation

Act. Any payment made under Section

6 of the Radiation Exposure

Compensation Act of 1990.

(Authority: 42 U.S.C. 2210 note)

5. In § 3.275, paragraph (h) and its

authority citation are added to read as

follows:

§ 3.275 Criteria for evaluating net worth.

* * * * *

(h) Radiation Exposure Compensation

Act. There shall be excluded from the

corpus of estate or net worth of a

claimant any payment made under

Section 6 of the Radiation Exposure

Compensation Act of 1990.

(Authority: 42 U.S.C. 2210 note)

[FR Doc. 95–487 Filed 1–9–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OAQPS No. CA–102–3–6756b; FRL–5135–

6]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; Interim

Final Determination That State Has

Corrected the Deficiency

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final rule.

SUMMARY: Elsewhere in today’s Federal

Register EPA has published a notice of

proposed rulemaking for full approval

of revisions to the California State

Implementation Plan. The revisions

concern rules from the Placer County

Air Pollution Control District (PCAPCD)

and the San Diego County Air Pollution

Control District (SDCAPCD): PCAPCD

Rule 223, Metal Container Coating;

PCAPCD Rule 410, Recordkeeping for

Volatile Organic Compound Emissions;

and SDCAPCD Rule 67.4, Metal

Container, Metal Closure, and Metal

Coil Coating Operations. The proposed

rulemaking provides the public with an

opportunity to comment on EPA’s

action approving PCAPCD Rules 223

and 410, and SDCAPCD Rule 67.4.

Based on the proposed full approval,

EPA is making an interim final

determination by this action that the

State has corrected the deficiencies for

which sanctions clocks began on June

16, 1993. This action will defer the

application of the offset sanctions and

defer the application of the highway

sanctions. Although the interim final

action is effective upon publication,

EPA will take comment. If no comments

are received on this action or EPA’s

proposed approval of the State’s

submittal, EPA will finalize its

determination that the State has

corrected the deficiencies that started

the sanctions clocks by publishing a

notice of final rulemaking in the Federal

Register. If comments are received on

EPA’s proposed approval and this

interim final action, EPA will publish a

final notice taking into consideration

any comments received.

DATES: Effective Date: January 10, 1995.

Comments: Comments must be

received by February 9, 1995.

ADDRESSES: Comments should be sent

to: Daniel A. Meer, Rulemaking Section

(A–5–3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

The State submittal and EPA’s

analysis for that submittal, which are

the basis for this action, are available for

public review at the above address and

at the following locations:

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

Placer County Air Pollution Control

District, 11464 B Avenue, Auburn, CA

95603.

San Diego County Air Pollution

Control District, 9150 Chesapeake Drive,

San Diego, CA 92123.

FOR FURTHER INFORMATION CONTACT:

Daniel A. Meer, Rulemaking Section (A–

5–3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105. Telephone: (415)

744–1185.

SUPPLEMENTARY INFORMATION:

I. Background

On April 5, 1991, the State submitted

PCAPCD Rule 223, Can Coating;

PCAPCD Rule 410, Recordkeeping for

Volatile Organic Compound Emissions;

and SDCAPCD Rule 67.4, Metal

Container, Metal Closure, and Metal

Coil Coating Operations, for which EPA

published limited disapprovals in the

Federal Register on June 16, 1993. 58

FR 33196. EPA’s disapproval actions

started 18-month clocks for the

application of one sanction (followed by

a second sanction 6 months later) under

section 179 of the Clean Air Act (Act)

and 24-month clocks for promulgation

of Federal Implementation Plans (FIP)

under section 110(c) of the Act. The

State subsequently submitted revised

rules on October 19, 1994, November

30, 1994, and December 21, 1994. In the

Proposed Rules section of today’s

Federal Register, EPA has proposed full

approval of the State of California’s

submittal of PCAPCD Rule 223, Metal

Container Coating; PCAPCD Rule 410,

Recordkeeping for Volatile Organic

Compound Emissions; and SDCAPCD

Rule 67.4, Metal Container, Metal

Closure, and Metal Coil Coating

Operations.

Based on the proposed approval set

forth in today’s Federal Register, EPA

believes that it is more likely than not

that the State has corrected the original

disapproval deficiencies. Therefore,

EPA is taking this interim final

rulemaking action, effective on

publication, finding that the State has

corrected the deficiencies. However,

EPA is also providing the public with an

opportunity to comment on this final

action. If, based on any comments on

the action deferring application of

sanctions and any comments on EPA’s

proposed full approval of the State’s

submittal, EPA determines that the

State’s submittal is not fully approvable

and this interim final action was

inappropriate, EPA will either propose

or take final action finding that the State

has not corrected the original

disapproval deficiencies. As

appropriate, EPA will also issue an

interim final determination or a final

determination that the deficiencies have

not been corrected. Until EPA takes

such an action, the application of

sanctions will continue to be deferred

and/or stayed.

This action does not stop the

sanctions clocks that started for these

areas on June 16, 1993. However, this

action will defer the application of the

offsets sanctions and will defer the

application of the highway sanctions.

See 59 FR 39832 (Aug. 4, 1994). If EPA

publishes a notice of final rulemaking

fully approving the State’s submittal,

such action will permanently stop the

sanctions clocks and will permanently

lift any applied, stayed or deferred

sanctions. If EPA must withdraw the

proposed full approval based on adverse

comments and EPA subsequently

determines that the State, in fact, did

not correct the disapproval deficiencies,

the sanctions consequences described in

the sanctions rule will apply. See 59 FR

39832, to be codified at 40 CFR 52.31.

II. EPA Action

EPA is taking interim final action

finding that the State has corrected the

disapproval deficiencies that started the