Bacillus Amyloliquefaciens Strain D747; Exemption From the Requirement of a Tolerance; Technical Correction, 2910-2911 [2012-994]
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2910
Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Rules and Regulations
Authority: 38 U.S.C. 1155, unless
otherwise noted.
Subpart B—Disability Ratings
2. In the introductory paragraph of
§ 4.118, revise the first sentence to read
as follows:
■
§ 4.118
Schedule of ratings—skin.
A veteran whose scars were rated by
VA under a prior version of diagnostic
codes 7800, 7801, 7802, 7803, 7804, or
7805, as in effect before October 23,
2008, may request review under
diagnostic codes 7800, 7801, 7802,
7804, and 7805, irrespective of whether
his or her disability has worsened since
the last review. * * *
*
*
*
*
*
[FR Doc. 2012–1001 Filed 1–19–12; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 4
RIN 2900–AM55
Schedule for Rating Disabilities;
Evaluation of Scars; Correction
Department of Veterans Affairs.
Final rule; correction.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) published in the Federal
Register of September 23, 2008, a
document amending its Schedule for
Rating Disabilities by revising that
portion of the Schedule that addresses
the Skin, so that it more clearly reflected
VA’s policies concerning the evaluation
of scars. In the preamble of that
document, VA incorrectly stated the
applicability date. VA made a similar
error in the first sentence of the
introductory paragraph of 38 CFR 4.118.
This document corrects the error in the
applicability date.
DATES: This correction is effective
January 20, 2012. The applicability date
of rule document E8–21980 on page
54708 in the issue of Tuesday,
September 23, 2008, is corrected as of
October 23, 2008.
FOR FURTHER INFORMATION CONTACT:
William F. Russo, Deputy Director,
Office of Regulation Policy &
Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, or call
(202) 461–4902 (not a toll-free number).
SUPPLEMENTARY INFORMATION: On
September 23, 2008, VA published in
the Federal Register (73 FR 54708), an
amendment to that portion of the
Schedule for Rating Disabilities that
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SUMMARY:
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addresses the Skin, 38 CFR 4.118, by
revising the criteria for the evaluation of
scars. In the DATES section of the rule
document, we incorrectly stated the
applicability date. As published, the
relevant portion of the applicability date
paragraph read, ‘‘This amendment shall
apply to all applications for benefits
received by VA on or after October 23,
2008. A veteran whom VA rated before
such date under diagnostic codes 7800,
7801, 7802, 7803, 7804, or 7805 of 38
CFR 4.118 may request review under
these clarified criteria * * *.’’ We made
a similar error by amending 38 CFR
4.118 to state, ‘‘A veteran who VA rated
under diagnostic codes 7800, 7801,
7802, 7803, 7804, or 7805 before
October 23, 2008 can request review
under diagnostic codes 7800, 7801,
7802, 7804, and 7805 * * *.’’
As a result of the errors in the
applicability date and in amended
§ 4.118, the rule document and the
regulation are unclear about whether
veterans whose claims were filed before
October 23, 2008, but were not rated
before that date may request review
under the new criteria. A strict, literal
reading of the applicability-date
language and § 4.118 might suggest that
veterans with such unrated claims
would be rated under the old criteria
with no opportunity to request review
under the new criteria. We intended
such claims to be rated under the old
criteria subject to the right of the
claimant to request review under the
revised criteria. Neither the
applicability-date language nor § 4.118
addressed whether veterans with such
claims may request review. We did not
intend the strict reading because it
would be irrational to deny the
opportunity for review under the new
criteria to persons whose pending
claims had not yet been rated before
October 23, 2008, while providing the
opportunity to persons whose claims
had been rated, even though all of the
claims had been filed before that date.
This correction document adds a new
second sentence to the applicability
date paragraph, ‘‘The old criteria will
apply to applications received by VA
before that date.’’ To be consistent with
the new second sentence, this correction
document also revises the third
sentence (the original second sentence)
to state, ‘‘‘‘However, a veteran whose
scars were rated by VA under a prior
version of diagnostic codes 7800, 7801,
7802, 7803, 7804, or 7805 of 38 CFR
4.118, as in effect prior to the effective
date of this rule, may request review
under these clarified criteria,
irrespective of whether his or her
disability has worsened since the last
review.’’ Note that the ‘‘rated by VA
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Fmt 4700
Sfmt 4700
under a prior version’’ language would
encompass claims that have received an
initial rating but are still pending in the
appeals process.
List of Subjects in 38 CFR Part 4
Disability benefits, Pensions,
Veterans.
William F. Russo,
Deputy Director, Office of Regulation Policy
& Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reason set out in the preamble,
in rule document E8–21980 on page
54708 in the issue of Tuesday,
September 23, 2008, make the following
corrections:
1. In the second column of page
54708, under the DATES section, in the
Applicability Date paragraph, revise the
second sentence to read, ‘‘However, a
veteran whose scars were rated by VA
under a prior version of diagnostic
codes 7800, 7801, 7802, 7803, 7804, or
7805 of 38 CFR 4.118, as in effect prior
to the effective date of this rule, may
request review under these clarified
criteria, irrespective of whether his or
her disability has worsened since the
last review.’’
2. In the second column of page
54708, under the DATES section, in the
Applicability Date paragraph, add as a
new second sentence, ‘‘The old criteria
will apply to applications received by
VA before that date.’’
[FR Doc. 2012–1002 Filed 1–19–12; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2010–0944; FRL–9334–3]
Bacillus Amyloliquefaciens Strain
D747; Exemption From the
Requirement of a Tolerance; Technical
Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
EPA issued a final rule in the
Federal Register of January 6, 2012,
concerning the establishment of an
exemption from the requirement of a
tolerance for residues of Bacillus
amyloliquefaciens strain D747 (formerly
known as Bacillus subtilis variant
amyloliquefaciens strain D747). This
document is being issued to correct the
typographical error in the codified
section number.
DATES: This final rule is effective
January 20, 2012.
SUMMARY:
E:\FR\FM\20JAR1.SGM
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Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Rules and Regulations
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2010–0944. All documents in the
docket are listed in the docket index
available in https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Susanne Cerrelli, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington DC
20460–0001; telephone number: (703)
308–8077; email address:
cerrelli.susanne@epa.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
opportunity for public comment. EPA
has determined that there is good cause
for making this technical correction
final without prior proposal and
opportunity for comment, because EPA
is merely making a technical change to
the section number which is not a
substantive change. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
IV. Do any of the statutory and
executive order reviews apply to this
action?
All applicable statutory requirements
were discussed in the final rule that was
printed on January 6, 2012. The only
other statutory requirement deemed
necessary is discussed above.
V. Congressional Review Act
The Congressional Review Act,
5 U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
Agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
The Agency included in the final rule
a list of those who may be potentially
affected by this action. If you have
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
List of Subjects in 40 CFR Part 180
II. What does this technical correction
do?
Dated: January 9, 2012.
Steven Bradbury,
Director, Office of Pesticide Programs.
EPA is correcting the section
designation for § 180.308, which was
added to 40 CFR in the Federal Register
of January 6, 2012, (77 FR 745). This
section was inadvertently designated as
§ 180.308. EPA is correcting the section
number by redesignating § 180.308 as
§ 180.1308.
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Therefore, 40 CFR part 180 is
amended as follows:
■
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
wreier-aviles on DSK5TPTVN1PROD with RULES
III. Why is this correction issued as a
final rule?
Authority: 21 U.S.C. 321(q), 346a and 371.
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an
Agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the Agency may issue a final
rule without providing notice and an
VerDate Mar<15>2010
13:09 Jan 19, 2012
Jkt 226001
§ 180.308
[Redesignated as § 180.1308]
2. Redesignate § 180.308 as
§ 180.1308.
■
[FR Doc. 2012–994 Filed 1–19–12; 8:45 am]
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2911
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–R04–SFUND–2011–0749; FRl–9620–1]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Martin-Marietta/Sodyeco
Superfund Site
U.S. Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 announces the
deletion of the Martin-Marietta/Sodyeco
Superfund Site (Site) located at 11701
Mount Holly Road in Charlotte, North
Carolina, from the National Priorities
List (NPL). The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of North Carolina, through the
Department of Environment and Natural
Resources (DENR), have determined that
all appropriate response actions under
CERCLA, other than operation,
maintenance, and five-year reviews,
have been completed. However, this
deletion does not preclude future
actions under Superfund.
DATES: Effective Date: This action is
effective January 20, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–SFUND–
2011–0749. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information 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 through https://
www.regulations.gov or in hard copy at
the site information repositories.
Locations, contacts, phone numbers and
viewing hours are:
Regional Site Information Repository:
U.S. EPA Record Center, Attn:
Ms. Debbie Jourdan, Atlanta Federal
Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Hours
of Operation (by appointment only):
SUMMARY:
E:\FR\FM\20JAR1.SGM
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Agencies
[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Rules and Regulations]
[Pages 2910-2911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-994]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2010-0944; FRL-9334-3]
Bacillus Amyloliquefaciens Strain D747; Exemption From the
Requirement of a Tolerance; Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: EPA issued a final rule in the Federal Register of January 6,
2012, concerning the establishment of an exemption from the requirement
of a tolerance for residues of Bacillus amyloliquefaciens strain D747
(formerly known as Bacillus subtilis variant amyloliquefaciens strain
D747). This document is being issued to correct the typographical error
in the codified section number.
DATES: This final rule is effective January 20, 2012.
[[Page 2911]]
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0944. All documents in the
docket are listed in the docket index available in https://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (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 in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Susanne Cerrelli, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington
DC 20460-0001; telephone number: (703) 308-8077; email address:
cerrelli.susanne@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
The Agency included in the final rule a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.
II. What does this technical correction do?
EPA is correcting the section designation for Sec. 180.308, which
was added to 40 CFR in the Federal Register of January 6, 2012, (77 FR
745). This section was inadvertently designated as Sec. 180.308. EPA
is correcting the section number by redesignating Sec. 180.308 as
Sec. 180.1308.
III. Why is this correction issued as a final rule?
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical
correction final without prior proposal and opportunity for comment,
because EPA is merely making a technical change to the section number
which is not a substantive change. EPA finds that this constitutes good
cause under 5 U.S.C. 553(b)(3)(B).
IV. Do any of the statutory and executive order reviews apply to this
action?
All applicable statutory requirements were discussed in the final
rule that was printed on January 6, 2012. The only other statutory
requirement deemed necessary is discussed above.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: January 9, 2012.
Steven Bradbury,
Director, Office of Pesticide Programs.
0
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
Sec. 180.308 [Redesignated as Sec. 180.1308]
0
2. Redesignate Sec. 180.308[emsp14]as Sec. 180.1308.
[FR Doc. 2012-994 Filed 1-19-12; 8:45 am]
BILLING CODE 6560-50-P