Negotiated Rulemaking Advisory Committee for Dog Management at Golden Gate National Recreation Area, 50871-50872 [E6-14205]
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Federal Register / Vol. 71, No. 166 / Monday, August 28, 2006 / Proposed Rules
allowable by law, this rule meets the
applicable standards of Subsections (a)
and (b) of that Section. However, these
standards are not applicable to the
actual language of State regulatory
programs and program amendments
since each such program is drafted and
promulgated by a specific State, not by
OSM. Under Sections 503 and 505 of
SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR
730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory
programs and program amendments
submitted by the States must be based
solely on a determination of whether the
submittal is consistent with SMCRA and
its implementing Federal regulations
and whether the other requirements of
30 CFR parts 730, 731, and 732 have
been met.
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Executive Order 13132—Federalism
This rule does not have Federalism
implications. SMCRA delineates the
roles of the Federal and State
governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that State laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA. Section 503(a)(7) requires that
State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on Federallyrecognized Indian tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
The basis for this determination is that
our decision is on a State regulatory
program and does not involve a Federal
program involving Indian Tribes.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
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Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4321 et seq.).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal
that is the subject of this rule is based
on counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C.804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, geographic
regions, or Federal, State or local
governmental agencies; and (c) Does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
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that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: August 3, 2006.
Michael K. Robinson,
Acting Regional Director, Appalachian
Region.
[FR Doc. E6–14229 Filed 8–25–06; 8:45 am]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Chapter 1
Negotiated Rulemaking Advisory
Committee for Dog Management at
Golden Gate National Recreation Area
National Park Service,
Department of the Interior.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: Notice is hereby given, in
accordance with the Federal Advisory
Committee Act (Pub. L. 92–463, 86 Stat.
770, 5 U.S.C. App 1, section 10), of the
fifth meeting of the Negotiated
Rulemaking Advisory Committee for
Dog Management at Golden Gate
National Recreation Area (GGNRA).
DATES: The Committee will meet on
Thursday, September 21, 2006 in the
Officer’s Club, upper Fort Mason. The
meeting will begin at 3 p.m., and is
open to the public.
Although the Committee may modify
its agenda during the course of its work,
the proposed agenda for this meeting is
as follows: agenda review; approval of
July 31, 2006 meeting summary; update
on activities since July meeting; discuss
Technical Subcommittee report; discuss
potential selection/evaluation criteria;
next steps; public comment; adjourn.
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Federal Register / Vol. 71, No. 166 / Monday, August 28, 2006 / Proposed Rules
The Committee provides for a public
comment period during the meeting;
written comments may also be sent to:
Superintendent, GGNRA, Ft. Mason,
Bldg. 201, San Francisco, CA 94123,
Attn: Negotiated Rulemaking.
To request a sign language interpreter,
please call the park TDD line (415) 556–
2766, at least a week in advance of the
meeting. Please note that federal
regulations prohibit pets in public
buildings, with the exception of service
animals.
FOR FURTHER INFORMATION CONTACT: Go
to the https://
www.parkplanning.nps.gov/goga and
select Negotiated Rulemaking for Dog
Management at GGNRA or call the
project information line at 415–561–
4728.
SUPPLEMENTARY INFORMATION: The
Committee was established pursuant to
the Negotiated Rulemaking Act of 1990
(5 U.S.C. 561–570) to consider
developing a special regulation for
dogwalking at GGNRA.
Dated: August 15, 2006.
Bernard C. Fagan,
Acting Chief, Office of Policy.
[FR Doc. E6–14205 Filed 8–25–06; 8:45 am]
BILLING CODE 4312–FN–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AM25
Vocational Rehabilitation and
Employment Program—Initial
Evaluations
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
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SUMMARY: This document proposes to
amend regulations of the Department of
Veterans Affairs (VA) concerning initial
evaluations of individuals who apply
for vocational rehabilitation and
employment benefits. These proposed
regulations are intended to reflect
changes in law, VA’s interpretation of
applicable law and its determinations of
procedures appropriate for use in the
initial evaluation, to improve
readability, and to make other
nonsubstantive changes.
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Comments must be received on
or before October 27, 2006.
ADDRESSES: Written comments may be
submitted by: mail or hand-delivery to
Director, Regulations Management
(00REG1), Department of Veterans
Affairs, 810 Vermont Ave., NW., Room
1068, Washington, DC 20420; fax to
(202) 273–9026; or e-mail through
https://www.Regulations.gov. Comments
should indicate that they are submitted
in response to ‘‘RIN 2900–AM25.’’ All
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 273–9515 for an appointment.
FOR FURTHER INFORMATION CONTACT:
Catherine Kruger, Senior Policy Analyst,
(202) 273–7344, or Mark Hawkins,
Vocational Rehabilitation Counselor,
(202) 273–6923, Vocational
Rehabilitation and Employment Service
(28), Veterans Benefits Administration,
Department of Veterans Affairs, 810
Vermont Ave., NW., Washington, DC
20420.
SUPPLEMENTARY INFORMATION: We
propose to amend VA’s regulations in
38 CFR Part 21, Subpart A—Vocational
Rehabilitation Under 38 U.S.C. Chapter
31, concerning initial evaluations of
individuals who apply for vocational
rehabilitation and employment benefits.
These proposed regulations are
intended to reflect changes in law
regarding initial evaluations and VA’s
interpretation of applicable law and its
determinations of procedures
appropriate for use in the initial
evaluation, and to improve readability.
We also propose to make a
nonsubstantive conforming change in 38
CFR Part 21, Subpart M—Vocational
Training and Rehabilitation for Certain
Children of Vietnam Veterans—Spina
Bifida and Covered Birth Defects.
In Davenport v. Brown, 7 Vet. App.
476 (1995), the United States Court of
Appeals for Veterans Claims (then the
United States Court of Veterans
Appeals) set aside VA regulations that
require a veteran’s service-connected
disability to cause the employment
handicap or serious employment
handicap that establishes the veteran’s
entitlement to vocational rehabilitation
DATES:
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and employment benefits. The court
held that the requirement of 38 CFR
21.51(c) that a veteran’s serviceconnected disability must ‘‘materially
contribute’’ to the veteran’s employment
handicap is inconsistent with 38 U.S.C.
3102. Thus, the court set aside
§ 21.51(c)(2), (e), (f)(1)(ii), and (f)(2) to
the extent that they require a causal
nexus between a veteran’s serviceconnected disability and that veteran’s
employment handicap. The court found
unlawful the noted provisions of
§ 21.51(c)(2), which require that, while
a veteran’s service-connected disability
need not be the sole or primary cause
of an employment handicap or serious
employment handicap, it must
‘‘materially contribute’’ to the handicap.
On October 9, 1996, Congress enacted
the Veterans’ Benefits Improvements
Act of 1996 (Pub. L. 104–275), which
redefined the terms ‘‘employment
handicap’’ and ‘‘serious employment
handicap’’ to include a requirement that
an individual’s vocational impairment
be one ‘‘resulting in substantial part
from’’ one or more service-connected
disabilities, with respect to applications
received on or after the date of
enactment.
To reflect the dates of applicability of
these changes in legal requirements, the
proposed rule would provide that for
determinations made on any
applications filed on or after March 30,
1995, the date of the Davenport v.
Brown decision, but before October 9,
1996, the individual’s service-connected
disability(ies) need not contribute to the
individual’s overall vocational
impairment or significant vocational
impairment.
For clarification, the table below
summarizes the standards used to
determine entitlement to vocational
rehabilitation and employment benefits
and services for applicants during these
three distinct time periods. These
concern entitlement determinations
made for:
(1) Claims filed prior to the Davenport
decision;
(2) Claims filed after the Davenport
decision but prior to enactment of
Public Law 104–275; and
(3) Claims filed following enactment
of Public Law 104–275.
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Agencies
[Federal Register Volume 71, Number 166 (Monday, August 28, 2006)]
[Proposed Rules]
[Pages 50871-50872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14205]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Chapter 1
Negotiated Rulemaking Advisory Committee for Dog Management at
Golden Gate National Recreation Area
AGENCY: National Park Service, Department of the Interior.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given, in accordance with the Federal
Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770, 5 U.S.C. App 1,
section 10), of the fifth meeting of the Negotiated Rulemaking Advisory
Committee for Dog Management at Golden Gate National Recreation Area
(GGNRA).
DATES: The Committee will meet on Thursday, September 21, 2006 in the
Officer's Club, upper Fort Mason. The meeting will begin at 3 p.m., and
is open to the public.
Although the Committee may modify its agenda during the course of
its work, the proposed agenda for this meeting is as follows: agenda
review; approval of July 31, 2006 meeting summary; update on activities
since July meeting; discuss Technical Subcommittee report; discuss
potential selection/evaluation criteria; next steps; public comment;
adjourn.
[[Page 50872]]
The Committee provides for a public comment period during the
meeting; written comments may also be sent to: Superintendent, GGNRA,
Ft. Mason, Bldg. 201, San Francisco, CA 94123, Attn: Negotiated
Rulemaking.
To request a sign language interpreter, please call the park TDD
line (415) 556-2766, at least a week in advance of the meeting. Please
note that federal regulations prohibit pets in public buildings, with
the exception of service animals.
FOR FURTHER INFORMATION CONTACT: Go to the https://
www.parkplanning.nps.gov/goga and select Negotiated Rulemaking for Dog
Management at GGNRA or call the project information line at 415-561-
4728.
SUPPLEMENTARY INFORMATION: The Committee was established pursuant to
the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561-570) to consider
developing a special regulation for dogwalking at GGNRA.
Dated: August 15, 2006.
Bernard C. Fagan,
Acting Chief, Office of Policy.
[FR Doc. E6-14205 Filed 8-25-06; 8:45 am]
BILLING CODE 4312-FN-P