Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations 27783

business concerns’’ under Section 3 of

the Small Business Act (15 U.S.C. 632).

For reasons set forth in the above

Regulatory Evaluation, the Coast Guard

certifies that this action will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

These regulations contain no

collection of information requirements

under the Paperwork Reduction Act (44

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

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the rulemaking does not have sufficient

Federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this action and

has concluded that preparation of an

Environmental Impact Statement is not

necessary. An Environmental

Assessment and Finding of No

Significant Impact are available in the

docket for inspection or copying. The

Coast Guard has concluded that this

action will not significantly affect the

quality of the human environment.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Final Regulations

In consideration of the foregoing, the

Coast Guard amends Part 100 of Title

33, Code of Federal Regulations, as

follows:

1. The authority citation for Part 100

continues to read as follows:

PART 100—[AMENDED]

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A new section 100.714 is added to

read as follows:

§ 100.714 Annual Miami Super Boat Race;

Miami Beach, FL.

(a) Definitions. (1) Regulated Areas.

The regulated area includes the race

course area, the spectator area, and a

buffer zone.

(i) The race course area is formed by

a line joining the following points:

25°46.3′ N, 080°07.85′ W; thence to,

25°46.3′ N, 080°06.82′ W; thence to,

25°51.3′ N, 080°06.2′ W; thence to,

25°51.3′ N, 080°07.18′ W; thence

along the shoreline to the starting point.

All coordinates referenced use datum:

NAD 1983.

(ii) A spectator area is established in

the regulated area for spectator traffic

and is defined by a line joining the

following points, beginning from:

25°51.3′ N, 080°06.15′ W; thence to,

25°51.3′ N, 080°05.85′ W; thence to,

25°46.3′ N, 080°06.55′ W; thence to,

25°46.3′ N, 080°06.77′ W; and back to

the starting point. All coordinates

referenced use datum: NAD 1983.

(iii) A buffer zone of 300 feet is

established between the race course and

the spectator area.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Group Miami, Miami Beach,

Florida.

(b) Special local regulations. (1) Entry

into the race course area by other than

event participants is prohibited unless

otherwise authorized by the Coast

Guard Patrol Commander. At the

completion of scheduled races and

departure of participants from the

regulated area, traffic may resume

normal operations. At the discretion of

the Coast Guard Patrol Commander,

between scheduled racing events, traffic

may be permitted to resume normal

operations.

(2) A succession of not fewer than 5

short whistle or horn blasts from a

patrol vessel will be the signal for any

and all vessels to take immediate steps

to avoid collision. The display of an

orange distress smoke signal from a

patrol vessel will be the signal for any

and all vessels to stop immediately.

(3) Spectators not in the designated

spectator areas, as defined above, are

required to keep clear of the race course

area at all times.

(c) Effective Dates. This section is

effective at 12 p.m. and terminates at 4

p.m. EDT annually during the second

Sunday of June.

Dated: May 16, 1996.

Roger T. Rufe, Jr.,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 96–13726 Filed 5–31–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Parts 2 and 14

RIN 2900–AI13

Delegations of Authority; Tort Claims

and Debt Collection

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

regulations captioned ‘‘DELEGATIONS

OF AUTHORITY’’ and ‘‘LEGAL

SERVICES, GENERAL COUNSEL.’’ The

delegation of authority to Regional

Counsels to settle certain claims

(Federal Medical Care Recovery Act

claims, debt collection claims, and other

claims) without approval from the

Office of General Counsel is raised to a

limit of $100,000. Further, this

document updates statutory references

and organizational titles, eliminates

references to repealed statutes,

eliminates redundant delegations of

authority, corrects titles of VA forms,

eliminates references to obsolete VA

forms, reflects that the Baltimore

Regional Counsel will have certain

jurisdiction over incidents occurring in

the Department of Veterans Affairs

Central Office, eliminates restatements

of Department of Justice regulations,

eliminates references to internal VA

matters not required to be published in

the Federal Register, and makes

changes for purposes of clarification.

EFFECTIVE DATE: This final rule is

effective June 3, 1996.

FOR FURTHER INFORMATION CONTACT: E.

Douglas Bradshaw, Jr., Assistant General

Counsel (021), Office of General

Counsel, Department of Veterans

Affairs, 810 Vermont Avenue, N.W.,

Washington, D.C. 20420, (202) 273–

6481.

SUPPLEMENTARY INFORMATION: This final

rule consists of delegations of authority,

VA policies, and nonsubstantive

changes, and, therefore, is not subject to

the notice-and-comment and effectivedate provisions of 5 U.S.C. 553.

The Secretary hereby 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., 601–602. This final rule

would not cause a significant effect on

any entities since it consists of

delegations of authority, VA policies,

and nonsubstantive changes. Therefore,

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

amendment is exempt from the initial
27784 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations

and final regulatory-flexibility analysis

requirements of sections 603 and 604.

There are no Catalog of Federal

Domestic Assistance numbers

associated with these amendments.

List of Subjects

38 CFR Part 2

Authority delegations (Government

agencies).

38 CFR Part 14

Administrative practice and

procedure, Claims, Government

employees, Lawyers, Legal services,

Organization and functions

(Government agencies).

Approved: May 22, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR parts 2 and 14 are

amended as set forth below:

PART 2—DELEGATIONS OF

AUTHORITY

1. The authority citation for part 2

continues to read as follows:

Authority: 5 U.S.C. 302; 38 U.S.C. 501,

512; 44 U.S.C. 3702.

§ 2.6 [Amended]

2. In § 2.6, paragraph (e)(3) is

amended by adding ‘‘(Professional Staff

Group I)’’ immediately following

‘‘Assistant General Counsel’’; by adding

‘‘of said staff group’’ immediately

following ‘‘Deputy Assistant General

Counsel’’; by removing ‘‘Director of Debt

Management,’’; by removing ‘‘$40,000’’

and adding, in its place, ‘‘$100,000’’;

and by removing ‘‘of the Office of the

General Counsel, and further provided

that claims in excess of $100,000 may be

compromised, settled, or waived only

with the prior approval’’.

3. In § 2.6, paragraph (e)(4)(iii) is

amended by removing ‘‘a third party’’

and adding, in its place, ‘‘an

individual’’.

4. In § 2.6, paragraph (e)(7) is

amended by removing ‘‘4116’’ and

adding, in its place, ‘‘7316’’; by

removing ‘‘Veterans Health Services and

Research Administration’’ and adding,

in its place, ‘‘Veterans Health

Administration’’.

5. In § 2.6, paragraphs (e)(10), (e)(11),

and (e)(12) are redesignated as

paragraphs (e)(12), (e)(10), and (e)(11),

respectively; and the newly

redesignated paragraph (e)(10) is further

amended by removing ‘‘$40,000’’ and

adding, in its place, ‘‘$100,000’’.

§§ 2.9 through 2.57, 2.66, 2.66a, 2.67

through 2.71, 2.75 through 2.87, 2.90, 2.92,

2.95 through 2.101 [Removed]

6. Sections 2.9 through 2.57, 2.66,

2.66a, 2.67 through 2.71, 2.75 through

2.87, 2.90, 2.92, 2.95 through 2.101 are

removed.

PART 14—LEGAL SERVICES,

GENERAL COUNSEL

7. The authority citation for part 14 is

revised to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 2671–

2680; 38 U.S.C. 501(a), 5502, 5902–5905,

unless otherwise noted.

§ 14.600 [Amended]

8. In § 14.600, paragraph (b) is

removed, the paragraph designation (a)

is removed, and the section is amended

by removing ‘‘1504,’’ and ‘‘2110,’’.

§§ 14.601, 14.602, 14.603 [Removed]

9. The undesignated center heading

preceding § 14.601, and §§ 14.601,

14.602, and 14.603 are removed.

§ 14.604 [Amended]

10. Section 14.604 is amended in

paragraph (a) by removing ‘‘§ 14.607’’

and adding, in its place, ‘‘28 CFR 14.4’’.

§ 14.605 [Redesignated as § 14.601]

§ 14.601 [Amended]

11. Section 14.605 is redesignated as

§ 14.601 immediately following the

undesignated center heading

‘‘ADMINISTRATIVE CLAIMS’’,

paragraph (a)(1) of the newly

redesignated § 14.601 is amended by

removing ‘‘Injury, Occupational Illness,

or Fire, and of VA Form 2162b, Report

of Accident, Injury Occupational Illness,

or Fire (Continued),’’; paragraph (a)(2)(i)

is amended by removing ‘‘on SF 92–A,

Report of Accident Other Than Motor

Vehicle’’; paragraph (a)(3) is amended

by removing ‘‘Manager, Administrative

Services’’ and adding, in its place,

‘‘Director of Support Service, Office of

the Assistant Secretary for Human

Resources and Administration’’; and

paragraph (a)(4) is amended by

removing ‘‘The Regional Counsel,

Department of Veterans Affairs Regional

Office, Washington, DC’’ and adding, in

its place, ‘‘The Baltimore Regional

Counsel’’.

12. In the newly redesignated

§ 14.601, paragraph (b) is revised to read

as follows:

§ 14.601 Investigation and development.

* * * * *

(b) In medical malpractice cases, the

Regional Counsel may refer a claim to

the Under Secretary for Health via the

Director, Medical-Legal Affairs for

review and for professional opinion or

guidance. In the consideration of claims

involving a medical question, the

responsible Regional Counsel involved

and the General Counsel will be guided

by the views of the Under Secretary for

Health as to the standard of medical

care and treatment, the nature and

extent of the injuries, the degree of

temporary or permanent disability, the

prognosis, the necessity for future

treatment or physical rehabilitation, and

any other pertinent medical aspects of a

claim.

§ 14.606 [Redesignated as § 14.602]

13. Section 14.606 is redesignated as

§ 14.602.

§ 14.607 [Removed]

14. Section 14.607 is removed.

§ 14.608 [Redesignated as § 14.603]

§ 14.603 [Amended]

15. Section 14.608 is redesignated as

§ 14.603; paragraphs (a) through (d), and

the paragraph designation (e) are

removed.

§ 14.609 [Removed]

16. Section 14.609 is removed.

§ 14.610 [Redesignated as § 14.605]

17. Section 14.610 is redesignated as

§ 14.605 immediately following the

undesignated center heading

‘‘LITIGATED CLAIMS’’; the newly

redesignated § 14.605, paragraph (a)(1)

is amended by removing ‘‘7316’’ and

adding, in its place, ‘‘2679’’; and by

removing ‘‘operation of a motor vehicle’’

and adding, in its place, ‘‘wrongful act

or omission’’; paragraph (a)(2) is

amended by removing ‘‘Health Services

and Research Administration’’ and

adding, in its place, ‘‘Health

Administration’’; paragraph (b) is

amended by removing ‘‘the employee’s

operation of a motor vehicle incident

to’’ and adding, in its place, ‘‘a wrongful

act or omission arising out of’’ and in

the second sentence by removing the

designations (1) and (2); and the section

heading for the newly redesignated

§ 14.605 is revised to read as follows:

§ 14.605 Suits against Department of

Veterans Affairs employees arising out of a

wrongful act or omission or based upon

medical care and treatment furnished in or

for the Veterans Health Administration.

* * * * *

§ 14.618 [Amended]

18. In § 14.618, paragraphs (b) and (c)

are amended by removing ‘‘$20,000’’

each time it appears and adding, in its

place, ‘‘$100,000’’; and paragraph (b) is

further amended by removing

‘‘14.605(a)(2)(i)’’ and adding, in its

place, ‘‘14.601(a)(2)(i)’’.
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations 27785

§ 14.619 [Amended]

19. In § 14.619, paragraphs (b) and (c)

are amended by removing ‘‘$40,000’’

each time it appears and adding, in its

place, ‘‘$100,000’’; and paragraph (b) is

further amended by removing ‘‘the

General Counsel and claims in excess of

$100,000 may be compromised, settled,

or waived only with the prior approval

of’’.

[FR Doc. 96–13476 Filed 5–31–96; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–5512–6]

National Emission Standards for

Hazardous Air Pollutants for:

Chromium Emissions From Hard and

Decorative Chromium Electroplating

and Chromium Anodizing Tanks;

Ethylene Oxide Commercial

Sterilization and Fumigation

Operations; Perchloroethylene Dry

Cleaning Facilities; and Secondary

Lead Smelting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action promulgates final

action to amend certain sections of the

following promulgated standards:

‘‘National Emission Standards for

Chromium Emissions from Hard and

Decorative Chromium Electroplating

and Chromium Anodizing Tanks; Final

Rule’’ (subpart N); ‘‘National Emission

Standards for Hazardous Air Pollutants

for Ethylene Oxide Commercial

Sterilization and Fumigation

Operations’’ (subpart O); ‘‘National

Emission Standards for Hazardous Air

Pollutants for Source Categories:

Perchloroethylene Dry Cleaning

Facilities’’ (subpart M); and ‘‘National

Emission Standards for Hazardous Air

Pollutants from Secondary Lead

Smelting’’ (subpart X). Today’s action

amends the Final Rules’ requirement

that nonmajor sources (emitting or

having the potential to emit less than 10

tons per year of any hazardous air

pollutant or 25 tons per year of any

combination of hazardous air

pollutants) obtain title V operating

permits. The action being taken today

will substantially reduce the

unnecessary and undue regulatory

burden for States and local agencies, the

EPA Regional Offices, and the industry

during a time when all available

resources are necessary for the initial

implementation of the title V permit

program for major sources. Sources are

still required to meet all applicable

emission control requirements

established by the respective maximum

achievable control technology (MACT)

standards. The only change from

proposal to promulgation is that the 5-

year deferral option, as with the other

rules, is also being provided for

nonmajor sources in the secondary lead

smelters (subpart X) source category.

DATES: Effective Date: June 3, 1996.

Judicial Review: Under section

307(b)(1) of the Act, judicial review of

national emission standards for

hazardous air pollutants (NESHAP) is

available only by filing a petition for

review in the U.S. Court of Appeals for

the District of Columbia Circuit within

60 days of today’s publication of this

final rule. Under section 307(b)(2) of the

Act, the requirements that are the

subject of today’s notice may not be

challenged later in civil or criminal

proceedings brought by the EPA to

enforce these requirements.

ADDRESSES: Docket. Docket No. A–88–

02, containing the supporting

information for the original subpart N

NESHAP and this action, Docket No. A–

88–03, containing the supporting

information for the original subpart O

NESHAP, Docket No. A–88–11,

containing the supporting information

for the original subpart M NESHAP, and

Docket No. A–92–43, containing the

supporting information for the original

subpart X NESHAP, are available for

public inspection and copying between

8:00 a.m. and 5:30 p.m., Monday

through Friday, at the EPA Air and

Radiation Docket and Information

Center, Waterside Mall, room M–1500,

first floor, 401 M Street S.W.,

Washington, D.C. 20460, or by calling

(202) 260–7548. These dockets also

contain information considered by the

EPA in developing this final rule. A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Lalit Banker, Emission Standards

Division (MD–13), Office of Air Quality

Planning and Standards, U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

5420.

SUPPLEMENTARY INFORMATION:

I. Background

The proposal notice was published in

the Federal Register on December 13,

1995 (60 FR 64002). No public hearing

was requested. Seventeen letters

commenting on the proposed rule were

received during the public comment

period.

II. Summary

A. Summary of Changes Since Proposal

The proposed rule offered title V

permitting authorities the option to

defer permitting of nonmajor sources in

the following source categories:

chromium electroplating and chromium

anodizing tanks; ethylene oxide

commercial sterilization and fumigation

operations; and perchloroethylene dry

cleaning facilities. The rule proposed

permitting nonmajor secondary lead

smelters on schedule. In response to

public comments received and

additional analyses performed by the

EPA, one change has been made to the

rule since proposal. The permitting

authorities will be allowed the option to

defer the nonmajor sources in the

secondary lead smelters source category

for 5 years from title V permit

requirements similar to the option for

nonmajor sources in the other source

categories described in the proposal.

Comments were also received on

possible additional permanent

exemptions for any of the source

categories for which temporary

exemptions were being considered.

Although a majority of the comments

supported permanent exemptions for

these nonmajor sources, the EPA has

decided not to grant permanent

exemptions to any additional source

categories at this time. However, the

EPA will make a decision regarding

additional permanent exemptions by the

time the temporary exemptions expire.

During the permit deferral period, the

EPA will continue to evaluate the State/

local agencies implementation and

enforcement of the standards for

nonmajor sources outside of a title V

permit, the likely benefit of permitting

such sources, and the costs and other

burdens on such sources associated

with obtaining a title V permit.

B. Significant Comments and Responses

Comments on the proposed rule were

received from the industry and State

and local regulatory agencies. Except for

one State agency, all commenters

concurred with the EPA option to allow

states to defer title V permit

requirements for nonmajor sources. The

representative for the State of Florida

disagreed with this recommendation by

contending that permitting the subject

nonmajor sources through the use of

title V general permits would not

constitute an undue regulatory burden

for a permitting agency, nor would such

a mechanism be considered

exceptionally onerous for small