Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28755

is $344 per month for training pursued

during the 1995–96 academic year,

* * * * *

(2) * * *

(i) VA shall determine the monthly

rate of subsistence allowance payable to

a person for a day during which he or

she is pursuing a course of instruction

full-time during the 1995–96 academic

year by dividing $688 per month by the

number of the deceased veteran’s

dependents pursuing a course of

instruction on that day:

(ii) VA shall determine the monthly

rate of subsistence allowance payable to

a person for a day during which he or

she is pursuing a course of instruction

on other than a full-time basis during

the 1995–96 academic year by dividing

$344 per month by the number of the

deceased veteran’s dependents pursuing

a course of instruction on that day;

* * * * *

[FR Doc. 96–14201 Filed 6–5–96; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AH39

Veterans Education: Course

Measurement for Graduate Courses

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document adopts as a

final rule amendments to the

‘‘Administration of educational

benefits’’ regulations which provide that

all undergraduate courses taken by

graduate students are to be measured by

the graduate school (full time, half time,

quarter time, etc.) or by the formula

used for measuring undergraduate

courses for undergraduate students,

whichever results in a higher monthly

rate for the veteran. Students receive

benefits based on the assessment of their

training time (full time, half time,

quarter time, etc.). Graduate schools,

often with unique programs, have the

most expertise for assessing the training

status for their own programs. Also,

they realistically report the training

status of graduate students. Even so, we

do not believe that graduate students

should be paid a lower monthly rate

than undergraduate students for the

same training. Hence, the adoption of

this change streamlines the process

while yielding equitable results.

EFFECTIVE DATE: June 6, 1996.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration (202) 273–7187.

SUPPLEMENTARY INFORMATION: On

February 12, 1996, the Department of

Veterans Affairs (VA) published in the

Federal Register (61 FR 5357) a

proposed rule to provide a method of

measuring a graduate student’s

enrollment when he or she enrolls in

one or more graduate courses and one

or more undergraduate courses. The

public was given 60 days to submit

comments. VA received two comments,

one from an official of a large State

university and one from the president of

an association of officials who certify

students’ enrollments to VA. Both urged

that the proposal be adopted.

Accordingly, based on the rationale

set forth in the proposed rule document,

we are adopting the provisions of the

proposed rule as a final rule. This final

rule also affirms the information in the

proposed rule document concerning the

Regulatory Flexibility Act.

The Catalog of Federal Domestic

Assistance numbers for the programs

affected by this final rule are 64.117,

64.120, and 64.124.

List of Subjects in 38 CFR Part 21

Administrative practice and

procedure, Armed forces, Civil rights,

Claims, Colleges and universities,

Conflict of interests, Defense

Department, Education, Employment,

Grant programs-education, Grant

programs-veterans, Loan programseducation, Loan programs-veterans,

Manpower training programs, Reporting

and recordkeeping requirements,

Schools, Veterans, Vocational

education, Vocational rehabilitation.

Approved: May 22, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 21 is amended as

set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart D—Administration of

Educational Assistance Programs

1. The authority citation for part 21,

subpart D continues to read as follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501(a), chs. 30, 32, 34, 35, 36, unless

otherwise noted.

2. In § 21.4273, paragraph (a)(2) is

amended by removing ‘‘assessed’’ and

adding, in its place, ‘‘measured’’; and

paragraph (c) is revised and its authority

citation is added to read as follows:

§ 21.4273 Collegiate graduate.

* * * * *

(c) Undergraduate or combination. If

a graduate student is enrolled in both

graduate and undergraduate courses

concurrently, or solely in undergraduate

courses, VA will measure such an

enrollment using the provisions of

§ 21.4272 or the graduate school’s

assessment of training time, whichever

will result in a higher monthly rate for

the veteran.

(Authority: 38 U.S.C. 3668(b); Pub. L. 102–

568)

[FR Doc. 96–14203 Filed 6–5–96; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 15 and 32

[FRL–5513–1]

RIN 2030–AA38

Suspension, Debarment and

Ineligibility for Contracts, Assistance,

Loans and Benefits

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule removes Part 15

(‘‘Administration of the Clean Air Act

and the Clean Water Act with Respect

to Contracts, Grants, and Loans—List of

Violating Facilities’’) from Title 40 of

the Code of Federal Regulations. This

rule also amends 40 CFR Part 32,

Governmentwide Debarment and

Suspension (Nonprocurement) and

Governmentwide Requirements for

Drugfree Workplace (Grants), by adding

procedures needed to administer the

ineligibility provisions of the Clean Air

Act (CAA), Clean Water Act (CWA), and

EO 11738.

EFFECTIVE DATE: June 6, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert F. Meunier, EPA Suspending and

Debarring Official, (3901F), 401 M

Street, SW., Washington, DC 20460.

Telephone: (202) 260–8030; or E-Mail

to: meunier.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

On September 11, 1995, EPA

published a Notice of Proposed

Rulemaking (See 60 FR 47135)

proposing to eliminate regulations at 40

CFR Part 15 governing the listing, and

removal from the list, of facilities

rendered ineligible to participate in

Federal grants, contracts and loans

pursuant to Section 306 of the Clean Air
28756 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

Act (CAA) and Section 508 of the Clean

Water Act (CWA). The Notice proposed

to simultaneously amend 40 CFR Part

32, EPA’s regulations implementing the

Governmentwide nonprocurement

common rule for suspension and

debarment, to incorporate provisions

relating to facility ineligibility and

reinstatement pursuant to the CAA and

CWA. The Notice provided a 60 day

period ending November 13, 1995, to

consider public comments on the

proposed rule. No comments were

received.

The publication of this final rule

completes EPA’s administrative

consolidation of its statutory

ineligibility and discretionary

debarment authorities within a single

office, the Office of Administration and

Resources Management (OARM). All

EPA debarment, ineligibility and/or

reinstatement actions will now be

subject to consistent policy

development and flexible procedures

applicable to OMB’s Governmentwide

suspension and debarment system.

Rulemaking Analysis

B. Executive Order 12866

This rulemaking has been determined

not to be significant under EO 12866.

However, it has been sent to the Office

of Management and Budget for review

for consistency with the OMB Common

Rule.

C. Regulatory Flexibility Act

The EPA certifies that this rule does

not have a significant economic impact

on a substantial number of small

entities.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this rule does not

contain information collection

requirements for the approval of OMB

under 44 U.S.C. 3501 et seq.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal

agencies to assess the effects of their

regulatory actions on State, local, and

tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

Today’s rule contains no Federal

mandates (under the regulatory

provisions of Title II of the UMRA) for

State, local, or tribal governments or the

private sector. The rule imposes no

enforceable duties on any of these

governmental entities or the private

sector. This rule does not change the

current statutory and regulatory duties

that arise from conditions of federal

assistance which, as defined by UMRA,

do not constitute a ‘‘Federal

intergovernmental mandate’’ or a

‘‘Federal private sector mandate.’’ Thus,

today’s rule is not subject to the

requirements of sections 202 and 205 of

the UMRA.

EPA has determined that this final

rule contains no regulatory

requirements that might significantly or

uniquely affect small governments. The

rule eliminates the separate procedures

in 40 CFR Part 15 for administering the

Clean Air Act and Clean Water Act

ineligibility provisions, and

incorporates simplified ineligibility

procedures in EPA’s existing

nonprocurement suspension and

debarment rules (40 CFR Part 32). None

of these amended procedures would

impose significant or unique regulatory

requirements on small governments.

Therefore, the rule is not subject to

section 203 of the UMRA.

List of Subjects in 40 CFR Parts 15 and

32

Environmental protection,

Administrative practice and procedure,

Debarment and suspension; Ineligibility.

Dated: May 23, 1996.

Alvin M. Pesachowitz,

Acting Assistant Administrator, Office of

Administration and Resources Management.

For the reasons set out in the

preamble, under the authority at 33

U.S.C. 1361(a), 40 CFR Chapter I is

amended as follows:

1. Part 15 is removed.

2. The title of Part 32 is revised to

read as follows:

PART 32—GOVERNMENTWIDE

DEBARMENT AND SUSPENSION

(NONPROCUREMENT) AND

GOVERNMENTWIDE REQUIREMENTS

FOR DRUG-FREE WORKPLACE

(GRANTS); CLEAN AIR ACT AND

CLEAN WATER ACT INELIGIBILITY OF

FACILITIES IN PERFORMANCE OF

FEDERAL CONTRACTS, GRANTS AND

LOANS

3. The authority citation for Part 32 is

revised to read as follows:

Authority: E.O. 12549; 41 U.S.C. 701 et

seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et

seq.; 20 U.S.C. 4011 et seq.; 33 U.S.C. 1251

et seq.; 42 U.S.C. 300f, 4901, 6901, 7401,

9801 et seq.; E.O. 12689; E.O. 11738; Pub. L.

103–355 § 2455.

4. Section 32.100 is amended by

adding new paragraph (e) as follows:

§ 32.100 Purpose.

* * * * *

(e) Facilities ineligible to provide

goods, materials, or services under

Federal contracts, loans or assistance,

pursuant to Section 306 of the Clean Air

Act (CAA) or Section 508 of the Clean

Water Act (CWA) are excluded in

accordance with the terms of those

statutes. Reinstatement of a CAA or

CWA ineligible facility may be

requested in accordance with the

procedures at § 32.321.

5. Section 32.105 is amended by

adding in alphabetical order the

following definitions.

§ 32.105 Definitions.

* * * * *

CAA or CWA ineligibility. The status

of a facility which, as provided in

section 306 of the Clean Air Act (CAA)

and section 508 of the Clean Water Act

(CWA), is ineligible to be used in the

performance of a Federal contract,

subcontract, loan, assistance award or

covered transaction. Such ineligibility

commences upon conviction of a facility

owner, lessee, or supervisor for a
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28757

violation of section 113 of the CAA or

section 309(c) of the CWA, which

violation occurred at the facility. The

ineligibility of the facility continues

until such time as the EPA Debarring

Official certifies that the condition

giving rise to the CAA or CWA criminal

conviction has been corrected.

* * * * *

Facility. Any building, plant,

installation, structure, mine, vessel,

floating craft, location or site of

operations at which, or from which, a

Federal contract, subcontract, loan,

assistance award or covered transaction

is to be performed. Where a location or

site of operations contains or includes

more than one building, plant,

installation or structure, the entire

location or site shall be deemed the

facility unless otherwise limited by

EPA.

* * * * *

6. Section 32.110 is amended by

adding a new paragraph (d) as follows:

§ 32.110 Coverage.

* * * * *

(d) Except as provided in § 32.215 of

this part, Federal agencies shall not use

a CAA or CWA ineligible facility in the

performance of any Federal contract,

subcontract, loan, assistance award or

covered transaction.

7. Section 32.115 is amended by

revising paragraph (d) to read as

follows:

§ 32.115 Policy.

* * * * *

(d) It is EPA policy to exercise its

authority to reinstate CAA or CWA

ineligible facilities in a manner which is

consistent with the policies in

paragraphs (a) and (b) of this section.

8. Section 32.215 is revised to read as

follows:

§ 32.215 Exception provision.

(a) EPA may grant an exception

permitting a debarred, suspended, or

voluntarily excluded person, or a person

proposed for debarment under 48 CFR

part 9, subpart 9.4, to participate in a

particular covered transaction upon a

written determination by the agency

head or an authorized designee stating

the reason(s) for deviating from the

Presidential policy established by

Executive Order 12549 and § 32.200.

However, in accordance with the

President’s stated intention in the

Executive Order, exceptions shall be

granted only infrequently. Exceptions

shall be reported in accordance with

§ 32.505(a).

(b) Any agency head, or authorized

designee, may except any Federal

contract, subcontract, loan, assistance

award or covered transaction,

individually or as a class, in whole or

in part, from the prohibitions otherwise

applicable by reason of a CAA or CWA

ineligibility. The agency head granting

the exception shall notify the EPA

Debarring Official of the exception as

soon, before or after granting the

exception, as may be practicable. The

justification for such an exception, or

any renewal thereof, shall fully describe

the purpose of the contract or covered

transaction, and show why the

paramount interest of the United States

requires the exception.

(c) The EPA Debarring Official is the

official authorized to grant exceptions

under this section for EPA.

9. Section 32.315 is amended by

adding a new paragraph (c) to read as

follows:

§ 32.315 Settlement and voluntary

exclusion.

* * * * *

(c) The EPA Debarring Official may

consider matters regarding present

responsibility, as well as any other

matter regarding the conditions giving

rise to alleged CAA or CWA violations

in anticipation of entry of a plea,

judgment or conviction. If, at any time,

it is in the interest of the United States

to conclude such matters pursuant to a

comprehensive settlement agreement,

the EPA Debarring Official may

conclude the debarment and

ineligibility matters as part of any such

settlement, so long as he or she certifies

that the condition giving rise to the CAA

or CWA violation has been corrected.

10. Section 32.321 is added to Part 32

to read as follows:

§ 32.321 Reinstatement of facility

eligibility.

(a) A written petition to reinstate the

eligibility of a CAA or CWA ineligible

facility may be submitted to the EPA

Debarring Official. The petitioner bears

the burden of providing sufficient

information and documentation to

establish, by a preponderance of the

evidence, that the condition giving rise

to the CAA or CWA conviction has been

corrected. If the material facts set forth

in the petition are disputed, and the

Debarring Official denies the petition,

the petitioner shall be afforded the

opportunity to have additional

proceedings as provided in § 32.314(b).

(b) A decision by the EPA Debarring

Official denying a petition for

reinstatement may be appealed under

§ 32.335.

§ 32.330 [Removed]

11. Section 32.330 is removed.

§ 32.425 [Removed]

12. Section 32.425 is removed.

[FR Doc. 96–14117 Filed 6–5–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 55

[FRL–5515–7]

Outer Continental Shelf Air

Regulations Consistency Update for

California

AGENCY: Environmental Protection

Agency (‘‘EPA’’).

ACTION: Final rule-consistency update.

SUMMARY: EPA is finalizing the update

of the Outer Continental Shelf (‘‘OCS’’)

Air Regulations proposed in the Federal

Register on January 29, 1996, September

11, 1995, and April 7, 1995.

Requirements applying to OCS sources

located within 25 miles of states’

seaward boundaries must be updated

periodically to remain consistent with

the requirements of the corresponding

onshore area (‘‘COA’’), as mandated by

section 328(a)(1) of the Clean Air Act

(‘‘the Act’’), the Clean Air Act

Amendments of 1990. The portion of

the OCS air regulations that is being

updated pertains to the requirements for

OCS sources for which the Santa

Barbara County Air Pollution Control

District (Santa Barbara County APCD),

South Coast Air Quality Management

District (South Coast AQMD), and

Ventura County Air Pollution Control

District (Ventura County APCD) are the

designated COAs. The intended effect of

approving the requirements contained

in ‘‘Santa Barbara County Air Pollution

Control District Requirements

Applicable to OCS Sources’’ (April,

1996), ‘‘South Coast Air Quality

Management District Requirements

Applicable to OCS Sources’’ (Part I and

II) (April, 1996), and ‘‘Ventura County

Air Pollution Control District

Requirements Applicable to OCS

Sources’’ (April, 1996) is to regulate

emissions from OCS sources in

accordance with the requirements

onshore.

DATES: This action is effective July 8,

1996.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following

locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency

(LE–6102), 401 ‘‘M’’ Street, SW, Room

M–1500, Washington, D.C. 20460.