Approval and Promulgation of Implementation Plans; Texas; El Paso County Carbon Monoxide Redesignation to Attainment, and Approval of Maintenance Plan, 14043-14044 [E7-5482]
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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Rules and Regulations
(b) Effects of impairment not
overcome. The individual has not
overcome the effects of the individual’s
impairment of employability through
employment in, or qualifying for
employment in, an occupation
consistent with his or her abilities,
aptitudes, and interests. This situation
includes an individual who qualifies for
a suitable job, but who does not obtain
or keep the job for reasons beyond his
or her control.
(Authority: 38 U.S.C. 3102)
(c) Contribution of the serviceconnected disability(ies) to the
individual’s overall vocational
impairment. (1) Except as provided in
paragraph (c)(3) of this section, the
service-connected disability(ies) must
contribute in substantial part to the
individual’s overall vocational
impairment. This means that the
disability(ies) must have an identifiable,
measurable, or observable causative
effect on the overall vocational
impairment, but need not be the sole or
primary cause of the employment
handicap.
(2) When determining the individual’s
overall vocational impairment, the CP or
VRC will consider the factors identified
in § 21.50(c).
(3) For determinations made on
applications for vocational
rehabilitation filed on or after March 30,
1995, but before October 9, 1996, the
individual’s service-connected
disability(ies) need not contribute to the
individual’s overall vocational
impairment.
(Authority: 38 U.S.C. 3101, 3102)
I
4. Revise § 21.52 to read as follows:
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§ 21.52 Determining serious employment
handicap.
(a) Requirements for determining
serious employment handicap. For each
individual who is found to have an
employment handicap, a CP or VRC
must make a separate determination of
whether the individual has a serious
employment handicap. For the purposes
of an initial evaluation under § 21.50, a
serious employment handicap will be
found to exist only if a CP or VRC
determines that the individual meets
each of the following conditions:
(1) Significant vocational impairment.
The individual has a significant
vocational impairment; that is, a
significant impairment of the ability to
prepare for, obtain, or keep employment
in an occupation consistent with his or
her abilities, aptitudes, and interests,
considering the factors described in
§ 21.50 and paragraph (b) of this section.
(2) Effects of significant impairment
not overcome. The individual has not
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15:28 Mar 23, 2007
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overcome the effects of the significant
vocational impairment through
employment in, or qualifying for
employment in, an occupation
consistent with his or her abilities,
aptitudes, and interests. This includes
an individual who qualifies for a
suitable job, but who does not obtain or
keep the job for reasons beyond his or
her control.
(Authority: 38 U.S.C. 3102)
(3) Contribution of the serviceconnected disability(ies) to the
individual’s overall significant
vocational impairment. (i) Except as
provided in paragraph (a)(3)(ii) of this
section, the service-connected
disability(ies) must contribute in
substantial part to the individual’s
overall significant vocational
impairment. This means that the
disability(ies) must have an identifiable,
measurable, or observable causative
effect on the overall significant
vocational impairment, but need not be
the sole or primary cause of the serious
employment handicap.
(Authority: 38 U.S.C. 3101)
(ii) For determinations made on
applications for vocational
rehabilitation filed on or after March 30,
1995, but before October 9, 1996, the
individual’s service-connected
disability(ies) need not contribute to the
individual’s overall significant
vocational impairment.
(b) Factors for assessment during the
initial evaluation, when determining
whether a significant vocational
impairment exists. The combination of
all restrictions and their effects on the
individual define the extent of the
vocational impairment and its
significance. When determining
whether the individual has a significant
vocational impairment, VA will develop
and assess the following factors and
their effects:
(1) Number of disabling conditions;
(2) Severity of disabling condition(s);
(3) Existence of neuropsychiatric
condition(s);
(4) Adequacy of education or training
for suitable employment;
(5) Number, length, and frequency of
periods of unemployment or
underemployment;
(6) A pattern of reliance on
government support programs, such as
welfare, service-connected disability
compensation, nonservice-connected
disability pension, worker’s
compensation, or Social Security
disability;
(7) Extent and complexity of services
and assistance the individual needs to
achieve rehabilitation;
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14043
(8) Negative attitudes toward
individuals with disabilities and other
evidence of restrictions on suitable
employment, such as labor market
conditions; discrimination based on age,
race, gender, disability or other factors;
alcoholism or other substance abuse;
and
(9) Other factors that relate to
preparing for, obtaining, or keeping
employment consistent with the
individual’s abilities, aptitudes, and
interests.
(Authority: 38 U.S.C. 3102, 3106)
Subpart M—Vocational Training and
Rehabilitation for Certain Children of
Vietnam Veterans—Spina Bifida and
Covered Birth Defects
5. Revise the authority citation for part
21, subpart M to read as follows:
I
Authority: 38 U.S.C. 101, 501, 512, 1151
note, ch. 18, 5112, and as noted in specific
sections.
§ 21.8032
[Amended].
6. In § 21.8032, amend paragraph (a)
by removing ‘‘§§ 21.50(b)(5)’’ and
adding, in its place, ‘‘§§ 21.50(b)(3)’’.
I
[FR Doc. E7–5432 Filed 3–23–07; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R06–OAR–2006–0386; FRL–8291–6]
Approval and Promulgation of
Implementation Plans; Texas; El Paso
County Carbon Monoxide
Redesignation to Attainment, and
Approval of Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
SUMMARY: On January 23, 2007 (72 FR
2776), EPA published a direct final rule
approving the redesignation of the El
Paso, Texas, carbon monoxide (CO)
nonattainment area to attainment for the
CO National Ambient Air Quality
Standard (NAAQS) and the CO
maintenance plan with its associated
Motor Vehicle Emission Budgets
(MVEBs). EPA also found the MVEBs
adequate. The direct final action was
published without prior proposal
because EPA anticipated no adverse
comment. EPA stated in the direct final
rule that if EPA received relevant
adverse comment by February 22, 2007,
EPA would publish a timely withdrawal
in the Federal Register. EPA
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14044
Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Rules and Regulations
subsequently received a timely relevant
adverse comment on the direct final
rule. Therefore, EPA is withdrawing the
direct final approval, as well as the
finding of adequacy for the MVEBs. EPA
will address the comment in a
subsequent final action based on the
parallel proposal also published on
January 23, 2007 (72 FR 2825).
DATES: The direct final rule published
on January 23, 2007 (72 FR 2776), is
withdrawn as of March 26, 2007.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Riley, Air Planning Section,
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–8542; fax number
214–665–7263; e-mail address
riley.jeffrey@epa.gov.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations.
40 CFR Part 82
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: March 16, 2007.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
Accordingly, the amendments to 40
CFR 52.2270(e) and to 40 CFR 81.344
published in the Federal Register on
January 23, 2007 (72 FR 2776), which
were to become effective on March 26,
2007, are withdrawn.
I
[FR Doc. E7–5482 Filed 3–23–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 272
[EPA–R02–RCRA–2006–0518; FRL–8278–2]
New York: Incorporation by Reference
of State Hazardous Waste Management
Program
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: The Solid Waste Disposal Act,
as amended, commonly referred to as
the Resource Conservation and
Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA)
to authorize States to operate their
hazardous waste management programs
in lieu of the Federal program. EPA uses
the regulations entitled ‘‘Approved State
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15:28 Mar 23, 2007
Jkt 211001
Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State regulations that
will be subject to EPA’s inspection and
enforcement. This rule does not
incorporate by reference the New York
hazardous waste statutes. The rule
codifies in the regulations the prior
approval of New York’s hazardous
waste management program and
incorporates by reference authorized
provisions of the State’s regulations. In
addition, this document corrects errors
made in the program revision table in
Section G published in the January 11,
2005 Federal Register authorization
document for New York.
DATES: This regulation is effective May
25, 2007, unless EPA receives adverse
written comment on this regulation by
the close of business April 25, 2007. If
EPA receives such comments, it will
publish a timely withdrawal of this
immediate final rule in the Federal
Register informing the public that this
rule will not take effect. The Director of
the Federal Register approves this
incorporation by reference as of May 25,
2007 in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
RCRA–2006–0518, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: infurna.michael@epa.gov.
• Fax: (212) 637–3056.
• Mail: Send written comments to
Michael Infurna, Division of
Environmental Planning and Protection,
EPA, Region 2, 290 Broadway, 22nd
Floor, New York, NY 10007.
• Hand Delivery or Courier: Deliver
your comments to Michael Infurna,
Division of Environmental Planning and
Protection, EPA, Region 2, 290
Broadway, 22nd Floor, New York, NY
10007. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation. The public is
advised to call in advance to verify the
business hours. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R02–RCRA–2006–
0518. EPA’s policy is that all comments
received will be included in the public
docket without change, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
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Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov,
or e-mail. The Federal
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties, and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Electronic files should avoid the use of
special characters or any form of
encryption, and be free of any defects or
viruses. (For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy.
You can inspect the records related to
this codification effort in the EPA
Region 2 Library, 290 Broadway, 16th
Floor, New York, NY 10007, Phone
number: (212) 637–3185. The public is
advised to call in advance to verify the
business hours.
FOR FURTHER INFORMATION CONTACT:
Michael Infurna, Division of
Environmental Planning and Protection,
EPA Region 2, 290 Broadway, 22nd
floor, New York, NY 10007; telephone
number (212) 637–4177; fax number:
(212) 637–3056; e-mail address:
infurna.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Correction
There were typographical errors and
omissions in the table published as part
of the January 11, 2005 (70 FR 1827)
authorization document for New York.
The affected entries for that table are
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Agencies
[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Rules and Regulations]
[Pages 14043-14044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5482]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R06-OAR-2006-0386; FRL-8291-6]
Approval and Promulgation of Implementation Plans; Texas; El Paso
County Carbon Monoxide Redesignation to Attainment, and Approval of
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
-----------------------------------------------------------------------
SUMMARY: On January 23, 2007 (72 FR 2776), EPA published a direct final
rule approving the redesignation of the El Paso, Texas, carbon monoxide
(CO) nonattainment area to attainment for the CO National Ambient Air
Quality Standard (NAAQS) and the CO maintenance plan with its
associated Motor Vehicle Emission Budgets (MVEBs). EPA also found the
MVEBs adequate. The direct final action was published without prior
proposal because EPA anticipated no adverse comment. EPA stated in the
direct final rule that if EPA received relevant adverse comment by
February 22, 2007, EPA would publish a timely withdrawal in the Federal
Register. EPA
[[Page 14044]]
subsequently received a timely relevant adverse comment on the direct
final rule. Therefore, EPA is withdrawing the direct final approval, as
well as the finding of adequacy for the MVEBs. EPA will address the
comment in a subsequent final action based on the parallel proposal
also published on January 23, 2007 (72 FR 2825).
DATES: The direct final rule published on January 23, 2007 (72 FR
2776), is withdrawn as of March 26, 2007.
FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section,
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-8542; fax
number 214-665-7263; e-mail address riley.jeffrey@epa.gov.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations.
40 CFR Part 82
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 16, 2007.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
0
Accordingly, the amendments to 40 CFR 52.2270(e) and to 40 CFR 81.344
published in the Federal Register on January 23, 2007 (72 FR 2776),
which were to become effective on March 26, 2007, are withdrawn.
[FR Doc. E7-5482 Filed 3-23-07; 8:45 am]
BILLING CODE 6560-50-P