Grants to States for Construction or Acquisition of State Home Facilities-Update of Authorized Beds; Correction, 39591-39592 [E9-18683]
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Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules
Affairs proposes to amend 38 CFR part
1 as follows:
PART 1—GENERAL PROVISIONS
1. The authority citation for part 1
continues to read as follows:
Authority: 38 U.S.C. 501(a), and as noted
in specific sections.
2. The authority citation preceding
§ 1.900 is revised to read as follows:
Authority: Sections 1.900 through 1.953
are issued under the authority of 31 U.S.C.
3711 through 3720E; 38 U.S.C. 501, 5302,
5302A, 5314 and as noted in specific
sections.
3. Amend § 1.940 by adding
introductory text, to read as follows:
§ 1.940
Scope and application.
Except as otherwise provided in
§ 1.945:
*
*
*
*
*
4. Add § 1.945 to read as follows:
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§ 1.945 Authority to suspend or terminate
collection action on certain benefit
indebtedness; authority for refunds.
(a) The Secretary of Veterans Affairs
(Secretary) may suspend or terminate
collection action on all or any part of an
indebtedness owed to VA by a member
of the Armed Forces who dies while on
active duty, if the Secretary determines
that such suspension or termination of
collection is appropriate and in the best
interest of the United States.
(b) The Secretary may terminate
collection action on all or any part of an
amount owed to the United States for an
indebtedness resulting from an
individual’s participation in a benefits
program administered by the Secretary,
other than a program as described in
paragraph (h) of this section, if the
Secretary determines that such
termination of collection is in the best
interest of the United States. For
purposes of this paragraph, an
individual is any member of the Armed
Forces or veteran who dies as a result
of an injury incurred or aggravated in
the line of duty while serving in a
theater of combat operations in a war or
in combat against a hostile force during
a period of hostilities after September
11, 2001.
(c) For purposes of this section:
(1) Theater of combat operations
means the geographic area of operations
where the Secretary in consultation
with the Secretary of Defense
determines that combat occurred.
(2) Period of hostilities means an
armed conflict in which members of the
United States Armed Forces are
subjected to danger comparable to
danger to which members of the Armed
Forces have been subjected in combat
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16:10 Aug 06, 2009
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with enemy armed forces during a
period of war, as determined by the
Secretary in consultation with the
Secretary of Defense.
(d) The Secretary may refund amounts
collected after the death of a member of
the Armed Forces or veteran in
accordance with this paragraph and
paragraph (e) of this section.
(1) In any case where all or any part
of a debt of a member of the Armed
Forces, as described under paragraph (a)
of this section, was collected, the
Secretary may refund the amount
collected if, in the Secretary’s
determination, the indebtedness would
have been suspended or terminated
under authority of 31 U.S.C. 3711(f).
The member of the Armed Services
must have been serving on active duty
after September 11, 2001. In any case
where all or any part of a debt of a
covered member of the Armed Forces
was collected, the Secretary may refund
the amount collected, but only if the
Secretary determines that, under the
circumstances applicable with respect
to the deceased member of the Armed
Forces, it is appropriate to do so.
(2) In any case where all or any part
of a debt of a covered member of the
Armed Forces or veteran, as described
under paragraph (b) of this section, was
collected after September 11, 2001, the
Secretary may refund the amount
collected if, in the Secretary’s
determination, the indebtedness would
have been terminated under authority of
38 U.S.C. 5302A. In addition, the
Secretary may refund the amount only
if he or she determines that the
deceased individual is equitably
entitled to the refund.
(e) Refunds under paragraph (d) of
this section will be made to the estate
of the decedent or, in its absence, to the
decedent’s next-of-kin first listed below.
(1) The decedent’s spouse.
(2) The decedent’s children (in equal
shares).
(3) The decedent’s parents (in equal
shares).
(f) The authority exercised by the
Secretary to suspend or terminate
collection action and/or refund amounts
collected on certain indebtedness is
reserved to the Secretary and will not be
delegated.
(g) Requests for a determination to
suspend or terminate collection action
and/or refund amounts previously
collected as described in this section
will be submitted to the Office of the
Secretary through the Office of the
General Counsel. Such requests for
suspension or termination and/or
refund may be initiated by the head of
the VA administration having
responsibility for the program that gave
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39591
rise to the indebtedness, or any
concerned staff office, or by the
Chairman of the Board of Veterans
Appeals. When a recommendation for
refund under this section is initiated by
the head of a staff office, or by the
Chairman, Board of Veterans Appeals,
the views of the head of the
administration that administers the
program that gave rise to the
indebtedness will be obtained and
transmitted with the recommendation of
the initiating office.
(h) The provisions of this section
concerning suspension or termination of
collection actions and the refunding of
moneys previously collected do not
apply to any amounts owed the United
States under any program carried out
under 38 U.S.C. chapter 37.
(Authority: 38 U.S.C. 501, 5302A; 31 U.S.C.
3711(f))
[FR Doc. E9–18939 Filed 8–6–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 4
RIN 2900–AM70
Grants to States for Construction or
Acquisition of State Home Facilities—
Update of Authorized Beds; Correction
Department of Veterans Affairs.
Proposed rule; Correction.
AGENCY:
ACTION:
SUMMARY: The Department of Veterans
Affairs (VA) published a proposed rule
in the Federal Register July 10, 2009, to
amend its regulations regarding grants
to States for construction or acquisition
of State homes to update the maximum
number of nursing home and
domiciliary beds designated for each
State and to amend the definition of
‘‘State’’ for purposes of these grants to
include Guam, the Northern Mariana
Islands, and American Samoa. In the
preamble, the table showing the changes
in the maximum number of beds for
each State contained an error for the
number of beds for Vermont. This
document corrects that error.
DATES: Comments must be received on
or before September 8, 2009.
ADDRESSES: Written comments may be
submitted by: Mail or hand-delivery to
Director, Regulations Management
(02REG), Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Room 1068, Washington, DC 20420; fax
to (202) 273–9026; or e-mail at https://
www.regulations.gov. For further
information concerning submission
E:\FR\FM\07AUP1.SGM
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39592
Federal Register / Vol. 74, No. 151 / Friday, August 7, 2009 / Proposed Rules
addresses, please see the proposed rule
published at 74 FR 33193, July 10, 2009.
FOR FURTHER INFORMATION CONTACT:
James F. Burris, MD, Chief Consultant,
Geriatrics and Extended Care State
Home Construction Grant Program
(114), Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 461–6774 (This is not a
toll-free number).
SUPPLEMENTARY INFORMATION: VA
published a document in the Federal
Register on July 10, 2009, at 74 FR
33192, amending its regulations
regarding grants to States for
construction or acquisition of State
homes to update the maximum number
of nursing home and domiciliary beds
designated for each State, and to amend
the definition of ‘‘State.’’ This document
corrects an error in the preamble of the
proposed rule in the maximum number
of beds for the State of Vermont.
However, in the regulatory text section
of the proposed rule contains the correct
number of 142 beds as shown in the
table.
In FR Doc. E9–16341, published July
10, 2009, (74 FR 33192), make the
following correction: On page 33194, in
the third column of the table ‘‘New max
# of beds (based on 2020 projection)’’ in
the entry for Vermont, remove the
number ‘‘1312’’ and add, in its place,
‘‘142’’.
William F. Russo,
Director, Regulations Management.
[FR Doc. E9–18683 Filed 8–6–09; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 96
[EPA–R04–OAR–2009–0454; FRL–8942–3]
Approval and Promulgation of Air
Quality Implementation Plans; North
Carolina; Clean Air Interstate Rule
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
a revision to the North Carolina State
Implementation Plan (SIP) submitted by
the State of North Carolina through the
North Carolina Department of
Environment and Natural Resources on
June 20, 2008. This revision addresses
the requirements of EPA’s Clean Air
Interstate Rule (CAIR). Although the DC
Circuit Court found CAIR to be flawed,
the rule was remanded without vacatur
and thus remains in place. Thus, EPA is
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16:10 Aug 06, 2009
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continuing to approve CAIR provisions
into SIPs as appropriate. CAIR, as
promulgated, requires States to reduce
emissions of sulfur dioxide (SO2) and
nitrogen oxides (NOX) that significantly
contribute to, or interfere with
maintenance of, the national ambient air
quality standards (NAAQS) for fine
particulates and/or ozone in any
downwind state. CAIR establishes
budgets for SO2 and NOX for States that
contribute significantly to
nonattainment in downwind States and
requires the significantly contributing
States to submit SIP revisions that
implement these budgets. States have
the flexibility to choose which control
measures to adopt to achieve the
budgets, including participation in EPAadministered cap-and-trade programs
addressing SO2, NOX annual, and NOX
ozone season emissions. In the full SIP
revision that EPA is proposing to
approve, North Carolina will meet CAIR
requirements by participating in these
cap-and-trade programs. EPA is
proposing to approve the full SIP
revision, as interpreted and clarified
herein, as fully implementing the CAIR
requirements for North Carolina.
Consequently, this action will also
cause the CAIR Federal Implementation
Plans (CAIR FIPs) concerning SO2, NOX
annual, and NOX ozone season
emissions by North Carolina sources to
be automatically withdrawn.
DATES: Comments must be received on
or before September 8, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2009–0454, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: 404–562–9019.
4. Mail: EPA–R04–OAR–2009–0454,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
PO 00000
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Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2009–
0454. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, 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.
Do not submit through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
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 https://
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, 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
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
E:\FR\FM\07AUP1.SGM
07AUP1
]]>Agencies
[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Proposed Rules]
[Pages 39591-39592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18683]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 4
RIN 2900-AM70
Grants to States for Construction or Acquisition of State Home
Facilities--Update of Authorized Beds; Correction
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule; Correction.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) published a proposed
rule in the Federal Register July 10, 2009, to amend its regulations
regarding grants to States for construction or acquisition of State
homes to update the maximum number of nursing home and domiciliary beds
designated for each State and to amend the definition of ``State'' for
purposes of these grants to include Guam, the Northern Mariana Islands,
and American Samoa. In the preamble, the table showing the changes in
the maximum number of beds for each State contained an error for the
number of beds for Vermont. This document corrects that error.
DATES: Comments must be received on or before September 8, 2009.
ADDRESSES: Written comments may be submitted by: Mail or hand-delivery
to Director, Regulations Management (02REG), Department of Veterans
Affairs, 810 Vermont Avenue, NW., Room 1068, Washington, DC 20420; fax
to (202) 273-9026; or e-mail at https://www.regulations.gov. For further
information concerning submission
[[Page 39592]]
addresses, please see the proposed rule published at 74 FR 33193, July
10, 2009.
FOR FURTHER INFORMATION CONTACT: James F. Burris, MD, Chief Consultant,
Geriatrics and Extended Care State Home Construction Grant Program
(114), Veterans Health Administration, Department of Veterans Affairs,
810 Vermont Avenue, NW., Washington, DC 20420, (202) 461-6774 (This is
not a toll-free number).
SUPPLEMENTARY INFORMATION: VA published a document in the Federal
Register on July 10, 2009, at 74 FR 33192, amending its regulations
regarding grants to States for construction or acquisition of State
homes to update the maximum number of nursing home and domiciliary beds
designated for each State, and to amend the definition of ``State.''
This document corrects an error in the preamble of the proposed rule in
the maximum number of beds for the State of Vermont. However, in the
regulatory text section of the proposed rule contains the correct
number of 142 beds as shown in the table.
In FR Doc. E9-16341, published July 10, 2009, (74 FR 33192), make
the following correction: On page 33194, in the third column of the
table ``New max of beds (based on 2020 projection)'' in the
entry for Vermont, remove the number ``1312'' and add, in its place,
``142''.
William F. Russo,
Director, Regulations Management.
[FR Doc. E9-18683 Filed 8-6-09; 8:45 am]
BILLING CODE 8320-01-P
