Continuous Emission Monitoring, 10508 [2016-04437]
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Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations
(1) The eligible person’s basis for
eligibility. Enrolled veterans will
receive first priority, followed in order
by non-enrolled veterans;
servicemembers; Family Caregivers;
persons receiving counseling, training,
or mental health services under 38
U.S.C. 1782 and 38 CFR 71.50; CITI
beneficiaries; and guests. Persons
eligible under more than one
designation will be considered in the
highest priority category for which that
trip permits. VA will provide
transportation to any attendant
accompanying a veteran or
servicemember who is approved for
transportation.
(2) First in time request.
(3) An eligible person’s clinical need.
(4) An eligible person’s inability to
transport him or herself (e.g., visual
impairment, immobility, etc.).
(5) An eligible person’s eligibility for
other transportation services or benefits.
(6) The availability of other
transportation services (e.g., common
carriers, veterans’ service organizations,
etc.).
(7) The VA facility’s ability to
maximize the use of available resources.
(The Office of Management and
Budget has approved the information
collection requirements in this section
under control number 2900–0838.)
(Authority: 38 U.S.C. 111A, 501)
[FR Doc. 2016–04281 Filed 2–29–16; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
Continuous Emission Monitoring
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 72 to 80, revised as of
July 1, 2015, on page 223, in § 75.16,
paragraphs (b)(1)(ii)(A) and (b)(1)(ii)(B)
are removed.
[FR Doc. 2016–04435 Filed 2–29–16; 8:45 am]
BILLING CODE 1505–01–D
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 75
Continuous Emission Monitoring
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 72 to 80, revised as of
July 1, 2015, on page 365, in Appendix
A to Part 75, the first heading ‘‘2.1.3.
18:20 Feb 29, 2016
[FR Doc. 2016–04437 Filed 2–29–16; 8:45 am]
BILLING CODE 1505–01–D
FEDERAL MARITIME COMMISSION
46 CFR Parts 501 and 502
[Docket No. 15–06]
RIN 3072–AC61
Organization and Functions; Rules of
Practice and Procedure; Attorney Fees
Federal Maritime Commission.
Final rule.
AGENCY:
ACTION:
The Federal Maritime
Commission amends its Rules of
Practice and Procedure governing the
award of attorney fees in Shipping Act
complaint proceedings, and its
regulations related to Commissioner
terms and vacancies. The regulatory
changes implement statutory
amendments made by the Howard Coble
Coast Guard and Maritime
Transportation Act of 2014.
DATES: This final rule is effective: March
1, 2016.
FOR FURTHER INFORMATION CONTACT:
Karen V. Gregory, Secretary, Federal
Maritime Commission, 800 North
Capitol Street NW., Washington, DC
20573–0001, Phone: (202) 523–5725,
Email: secretary@fmc.gov. For legal
questions, contact William H. Shakely,
General Counsel, Phone: (202) 523–
5740. Email: generalcounsel@fmc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
40 CFR Part 75
VerDate Sep<11>2014
CO2 and O2 Monitors’’ and the text
following it are removed.
Jkt 238001
I. Executive Summary
II. Background
III. Summary of July 2, 2015, Notice of
Proposed Rulemaking
A. Conforming Amendments
B. Implementing the Amended AttorneyFee Provision
IV. Overview of Comments
V. Final Rule and Response to Comments
A. Conforming Amendments
B. Implementing the Amended AttorneyFee Provision
1. Who is eligible to recover attorney fees?
a. Proceedings
b. Parties
2. How will the commission exercise its
discretion?
a. General
b. Treatment of Prevailing Complainants
vs. Prevailing Respondents
c. Factors for Consideration When
Determining Entitlement
d. Different Entitlement Standards
Depending on Type of Proceeding
3. How will the commission apply the
provision to pending proceedings?
VI. Rulemaking Analyses and Notices
PO 00000
Frm 00076
Fmt 4700
Sfmt 4700
I. Executive Summary
Title IV of the Howard Coble Coast
Guard and Maritime Transportation Act
of 2014, Public Law 113–281 (Coble
Act), enacted on December 18, 2014,
amended the Shipping Act of 1984 and
the statutory provisions governing the
general organization of the Commission.
Specifically, section 402 of the Coble
Act amended the statutory provision
governing the award of attorney fees,
which may now be awarded to any
prevailing party in a complaint
proceeding. See 46 U.S.C. 41305(e).
Section 403 of the Coble Act established
term limits for future Commissioners,
limited the amount of time that future
Commissioners will be permitted to
serve beyond the end of their terms, and
established conflict-of-interest
restrictions for current and future
Commissioners. See 46 U.S.C. 301(b).
In response to these statutory
amendments, the Commission
published a Notice of Proposed
Rulemaking (NPRM) on July 2, 2015. 80
FR 38153. Specifically, the Commission
proposed to amend affected regulations
to conform the regulatory language to
the revised statutory text.1 In addition,
the Commission sought comment on an
appropriate framework for determining
attorney fee awards under the amended
fee-shifting provision. The Commission
offered to provide additional guidance
on this issue and, where appropriate,
incorporate that guidance into the
Commission Rules of Practice and
Procedure. To that end, the NPRM
discussed three general questions on
which the Commission’s guidance
would focus:
• Who is eligible to recover attorney
fees?
• How will the Commission exercise
its discretion to determine whether to
award attorney fees to an eligible party?
• How will the Commission apply the
new attorney-fee provision to
proceedings that were pending before
the Commission when the Coble Act
was enacted on December 18, 2014?
The Commission received five
comments, all of which focused on the
framework for determining attorney fee
awards and the three general questions
described above. None of the comments
discussed the conforming edits
proposed in the NPRM. Accordingly,
this final rule adopts the proposed
conforming edits with minor changes,
which are explained in detail below.
1 The Coble Act amendments to 46 U.S.C. 301(b)
establishing conflict-of-interest restrictions for
Commissioners were not addressed in the NPRM
and are outside the scope of this rulemaking. The
Commission is currently evaluating the need for
regulatory action in response to these amendments.
E:\FR\FM\01MRR1.SGM
01MRR1
Agencies
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Page 10508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04437]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 75
Continuous Emission Monitoring
CFR Correction
In Title 40 of the Code of Federal Regulations, Parts 72 to 80,
revised as of July 1, 2015, on page 365, in Appendix A to Part 75, the
first heading ``2.1.3. CO2 and O2 Monitors'' and
the text following it are removed.
[FR Doc. 2016-04437 Filed 2-29-16; 8:45 am]
BILLING CODE 1505-01-D