10502 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations

IMMIGRANTS—CONTINUED—Continued

Symbol Class Section of law

R51 Investor Pilot Program, Not in Targeted Area ................................................................................ 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary

and Related Agencies Appropriations Act, 1993 (P.L. 102–

395)

Other Numerically Limited Categories

Diversity Immigrants (Beginning in FY 1995)

DV1 Diversity Immigrant ......................................................................................................................... Section 203(c).

DV2 Spouse of DV1 ................................................................................................................................ Section 203(c).

DV3 Child of DV1 .................................................................................................................................... Section 203(c).

Transition for Employees of Certain U.S. Businesses in Hong Kong (Fiscal Years 1991–1993)*

HK1 Employee of U.S. Business in Hong Kong ..................................................................................... Section 124 of the Immigration

Act of 1990.

HK2 Spouse of HK1 ................................................................................................................................ Section 124 of the Immigration

Act of 1990.

HK3 Child of HK1 .................................................................................................................................... Section 124 of the Immigration

Act of 1990.

Diversity Transition for Natives of Certain Adversely Affected Foreign States (Fiscal Years 1992–1995)

AA1 Diversity Transition Immigration ...................................................................................................... Section 132 of the Immigration

Act of 1990.

AA2 Spouse of AA1 ................................................................................................................................ Section 132 of the Immigration

Act of 1990.

AA3 Child of AA1 .................................................................................................................................... Section 132 of the Immigration

Act of 1990.

*Although these visas may no longer be issued, some HK visas remain valid through January 1, 2002.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 95–4589 Filed 2–24–95; 8:45 am]

BILLING CODE 4710–06–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AG91

VA Homeless Providers Grant and Per

Diem Program

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: We are, with changes,

adopting as a final rule the provisions

of an interim final rule promulgated

pursuant to The Homeless Veterans

Comprehensive Service Programs Act of

1992. The Act authorizes the

Department of Veterans Affairs to assist

public or nonprofit private entities in

establishing new programs to furnish

supportive services and supportive

housing for homeless veterans through

grants. The Act also authorizes VA to

provide per diem payments, or in-kind

assistance in lieu of per diem payments,

to eligible entities that established

programs after November 10, 1992 that

provide supportive services or

supportive housing for homeless

veterans, or service centers providing

supportive services. This rule contains

criteria and requirements relating to the

awarding of grants and relating to per

diem payments. Accordingly, this rule

is necessary so that grants can be

awarded and per diem payments can be

made.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Roger Casey, Program Manager, VA

Homeless Providers Grant and Per Diem

Program, Mental Health and Behavioral

Sciences Service (111C), U.S.

Department of Veterans Affairs, 810

Vermont Avenue, N.W., Washington,

D.C. 20420; (202) 535–7311 (this is not

a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

In a document published in the

Federal Register on June 1, 1994 (59 FR

28264–28275), we established an

interim final rule to implement

provisions of the ‘‘Homeless Veterans

Comprehensive Service Programs Act of

1992.’’ We solicited comments

concerning the interim final rule for 60

days ending August 1, 1994. We

received comments from three

commenters: the Missouri Veterans

Leadership Program, Vietnam Veterans

Of America, Inc., and the State of New

Jersey Department of Military and

Veterans’ Affairs. We have carefully

considered all of the comments, and

they are discussed below.

Based on the rationale set forth in the

interim final rule and in this document,

we are adopting the provisions of the

interim final rule as a final rule, with

changes as discussed in this document.

This final rule also affirms the

information contained in the interim

final rule concerning Executive Order

12866 and the Regulatory Flexibility

Act.

It was commented that VA ‘‘restore

some of the original funding earmarked

for technical assistance’’ in preparing

grant applications. No changes are made

based on this comment. The

appropriation for the grant and per diem

program did not earmark funding for

technical assistance.

In addition, with respect to the twophase application process for obtaining

grants, it was commented that ‘‘any

requirements for professional

consultation or the need for

expenditures be reserved for the second
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations 10503

phase when there is some hope that

these costs will be reimbursed.’’ No

changes are made based on this

comment. The rule does not require use

of professional consultation or any large

expenditures for the initial phase of the

application process.

It was also suggested that VA make

specific allocation of funds to the per

diem and grant components of the

program. No changes are made based on

this comment. Instead of

predetermining amounts, it is our view

that the amounts should be allocated on

an ad hoc basis based on need and

availability of funds. Even so, we agree

that funding should provide for both per

diem and grant awards, and we will

ensure that both receive portions of

allocations.

The writer also commented that the

rating criteria should award additional

points to ‘‘veteran-run programs.’’ No

changes are made based on this

comment. The grant and per diem

program as authorized under Pub. L.

102–590 does not address this issue,

and there does not appear to be a basis

for giving preference to veteran-run

programs.

Another comment stated that the

point system used for rating grants

should include points for targeting

homeless veterans discharged from VA

medical centers. No changes are made

based on this comment, since the rule

already includes this concept (see 38

CFR 17.711 (d)(2)).

This commenter also disagreed with

the statement in the Preamble to the

interim final rule that the ‘‘vast majority

of homeless veterans are single’’. No

changes are made based on this

comment. We believe that such

statement is correct. The statement is

consistent with the Executive Summary

of the 1990 Annual Report of the

Interagency Council on the Homeless,

which states that ‘‘Over three-quarters of

homeless adults are unattached single

men, (and) 8% are unattached single

women’’ (page 24); and that the

‘‘characteristics of homeless veterans

appear to roughly parallel those of other

homeless persons of the same sex’’ (page

33).

It was also asserted that the grant

program should not prohibit use of grant

funding to construct, expand, remodel

or acquire buildings located on VA

owned property. Except as provided for

in 38 U.S.C. 8122 or 40 U.S.C. 484, such

VA property may not be purchased. In

essence, applicants could only

‘‘acquire’’ these VA owned properties by

lease, and lease payments are

operational costs. Pub. L. 102–590

section 3(c) prohibits use of grant funds

to support operational costs.

Furthermore, the interim final rule

limited uses of grant funding to

acquisition, expansion and

rehabilitation of structures owned by

the applicant, or held by the applicant

under a capital lease, in order to ensure

long-term use of such structures to

benefit homeless veterans. However, we

are amending § 17.700 by revising the

last sentence of paragraph (a) to permit

use of grant funding to construct,

expand or remodel buildings located on

VA medical center grounds. A

corresponding change is made in

§ 17.731(a)(1) to allow such leases to be

used to demonstrate site control. We

believe that these changes are consistent

with the Congressional intent. In this

regard, Congress stated:

The Committee views the bill as a catalyst to

spark linkages both between programs within

VA as well as between VA and communitybased programs. * * * The bill not only

seeks to encourage new partnerships between

VA programs and those serving in the same

communities, but to provide seed money to

start up new programs which would work in

concert with VA efforts. (138 Cong. Rec.

House Report No. 102–721 (July 24, 1992)

reprinted in 1992 U.S.C.C.A.N. 4318).

The amendment would provide a means

to enhance VA partnerships with

community-based programs, and would

allow for better and more immediate

access to health and other benefits at VA

medical centers. Moreover, if a grant

recipient whose program was funded on

VA medical center grounds ceased to

operate the program, VA could seek

another community-based organization

to occupy the site and conduct a

program for homeless veterans that

carries out the purposes of the Act.

It was also asserted that the per diem

program should not be restricted to new

programs established after November

10, 1992. No change to the rule is made

based on this comment since this a

requirement of Pub. L. No. 102–590 (see

section 4(a)).

Two of the commenters asserted that

recipients of grants should be able to

obtain a grant by providing less than 35

percent of the total project costs. No

changes are made based on this

comment. VA has no choice in this

matter, since Pub. L. 102–590 section

3(c) provides that the amount of a grant

‘‘may not exceed 65 percent of the

estimated cost * * *.’’

Three commenters asserted that grants

should provide for operating costs. No

changes are made based on these

comments. VA has no choice in this

matter since Pub. L. 102–590 section

3(c) states that a grant may not be used

to support operational costs. However, it

is noted that even though operational

costs are not allowed under the grant

component, payments under the per

diem component necessarily include

operational costs.

Several comments were based on

incorrect assumptions. It was

commented incorrectly that the rule

limits funding for remodeling or

renovating VA foreclosures acquired

under the McKinney Act. The rule does

not contain such limitation on the use

of funds for remodeling or renovating

VA foreclosed properties, and the

McKinney Act does not pertain to VA

foreclosed properties. It was also

incorrectly stated that grant funds were

not available to make necessary and

reasonable improvements to

accommodate access for disabled

veterans. The rule contains no such

prohibition. In addition, it was

incorrectly stated that the rule excludes

applicants if they are not United Way

member organizations. The rule does

not require United Way membership as

a condition of eligibility to apply for

grants or per diem payments.

Changes are made in the final rule to

more clearly set forth the Congressional

intent with respect to the meaning of

‘‘new program/new component of

existing program’’. In this regard

Congress stated that:

The intent of the grant program is to assist

in the establishment of new programs, or new

components of existing programs, that will

provide needed services to homeless

veterans. In this regard both newly

established organizations and existing

organizations would be eligible for grant

support for the furnishing of specified

assistance that is needed in the area or

community so long as, in the case of existing

organizations, they are not already providing

that kind of assistance in such area or

community. (138 Cong. Rec. S. 17185 (Oct. 7,

1992) reprinted in 1992 U.S.C.C.A.N. 4335,

4336).

The final rule is amended to better

reflect this Congressional intent. We are

adding a definition of ‘‘area or

community’’ because it is relevant for

determining whether or not the

proposed project constitutes a new

program or new component of an

existing program. In this regard, the

‘‘new program/new component of an

existing program’’ must be both needed

and not already provided by the

applicant in the ‘‘area or community’’.

Since it was intended that organizations

be prohibited from receiving grants for

the same kind of assistance they already

have been providing in an area or

community, it is necessary to specify at

what point they would be in a different

area or community and therefore

eligible to receive a grant, assuming all

other applicable conditions are met. To

better reflect Congressional intent, the
10504 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations

term ‘‘area or community’’ is defined to

mean ‘‘a political subdivision or

contiguous political subdivisions (such

as precinct, ward, borough, city, county,

State, Congressional district, etc.) with a

separately identifiable population of

homeless veterans.’’ Accordingly,

changes are made to the rule to better

reflect this Congressional intent.

Changes are made to the ‘‘rating

criteria for applications’’ section of the

rule (§ 17.711) to clarify that grants may

be awarded only for new programs or

new components of existing programs.

This final rule, which essentially

affirms the provisions of the interim

final rule, is made effective upon

publication. The substantive changes

made by this final rule relieve

restrictions.

Executive Order 12866: This rule has

been reviewed as a ‘‘significant

regulatory action’’ under E.O. 12866 by

the Office of Management and Budget.

List of Subjects in 38 CFR Part 17

Community action programs,

Community development, Homeless

veterans, Government contracts, Grant

programs—Health, Grant programs—

homeless veterans, Grant programs—

housing and community development,

Grant programs—social programs, Grant

programs—transportation, Health,

Health care, Health facilities, Housing,

Intergovernmental relations, Low and

moderate income housing, Manpower

training programs, Mental health

centers, Mental health programs, Motor

carriers, Motor vehicles, Public housing,

Rent subsidies, Supportive housing,

Supportive services, Veterans,

Vocational education, Vocational

rehabilitation, Work Incentive Programs.

Approved: February 15, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, the interim rule amending 38

CFR part 17 which was published at 59

FR 28625, June 1, 1994, is adopted as

final with the following changes:

PART 17—MEDICAL

1. The authority citation for part 17

continues to read as follows:

Authority: 38 U.S.C. 501, 38 U.S.C. 7721

note, unless otherwise noted.

2. Section 17.700 is amended by

revising the last sentence of paragraph

(a) to read as follows:

§ 17.700 Purpose and scope.

(a) * * * This program does not

provide for funding to acquire buildings

located on VA-owned property. The

program does provide for grant funds to

be used to construct, expand or remodel

buildings located on VA-owned

property.

* * * * *

3. Section 17.701 is amended by

adding the definition of ‘‘area or

community’’, and by revising the

definition of ‘‘new program/new

component of an existing program’’ to

read as follows:

§ 17.701 Definitions.

* * * * *

Area or community means a political

subdivision or contiguous political

subdivisions (such as precinct, ward,

borough, city, county, State,

Congressional district, etc.) with a

separately identifiable population of

homeless veterans.

* * * * *

New program/new component of an

existing program means a proposed

program of supportive services, or a

proposed addition of supportive

services to an existing program, which

services are not currently being

provided by the entity proposing it, and

for which there is a demonstrated need

in the area or community served by that

entity.

* * * * *

4. Section 17.710 is amended by

revising paragraph (a)(7) to read as

follows:

§ 17.710 Application requirements.

(a) * * *

(7) Documentation on site control and

appropriate zoning, and on the

boundaries of the area or community

proposed to be served;

* * * * *

5. Section 17.711 is amended by

revising paragraphs (b)(4) and the first

sentence in (d)(4) to read as follows:

§ 17.711 Rating criteria for applications.

* * * * *

(b) * * *

(4) Eligible activities. The activities for

which assistance is requested must be

eligible for funding under this part (e.g.,

new programs or new components of

existing programs).

* * * * *

(d) * * *

(4) Need. VA will award up to 150

points based on the applicant’s

demonstrated understanding of the

needs of the specific homeless veteran

population proposed to be served in the

specified area or community. * * *

* * * * *

6. Section 17.731 is amended by

adding a new sentence at the end of

paragraph (a)(1) to read as follows:

§ 17.731 Site control.

(a) * * *

(1) * * * A lease other than a capital

lease does not demonstrate site control

except for a VA lease as described in

§ 17.700(a) of this part.

* * * * *

[FR Doc. 95–4654 Filed 2–24–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN 110–1–6172a; FRL–5143–9]

Approval and Promulgation of

Implementation Plans Tennessee:

Approval of Revisions to the

Tennessee Chapter on Volatile Organic

Compounds (VOC)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: In this document, EPA is

acting on revisions to the Tennessee

State Implementation Plan (SIP) which

were submitted on May 18, 1993, by

Tennessee, through the Tennessee

Department of Air Pollution Control

(TDAPC), and contained revisions to

chapter 1200–3–18 ‘‘Volatile Organic

Compounds (VOC).’’ Due to the

significance of the revisions, this

revised chapter was submitted to

replace the current chapter 1200–3–18.

These revisions were made to satisfy the

VOC Reasonably Available Control

Technology (RACT) ‘‘Catch-Up’’

requirements contained in the amended

Clean Air Act (CAA). EPA is granting

conditional approval, full approval or

disapproval of the revisions as

explained in detail in the

Supplementary Information section of

this document.

DATES: This final rule will be effective

April 28, 1995 unless adverse or critical

comments are received by March 29,

1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be addressed to: William Denman

Stationary Source Unit, Regulatory

Planning and Development Section, Air

Programs Branch, Air, Pesticides &

Toxics Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia

30365

Copies of the material submitted by

the State of Tennessee may be examined

during normal business hours at the

following locations: