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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations historically referred character of discharge issues to VBA. Doing so helps ensure VA-wide consistency on benefits determinations and helps prevent confusion in claimants and beneficiaries that would likely result from VBA and NCA having differing standards. The amendment this final rule makes merely adds an explanatory note to inform the public of this long standing process. As such, we make no changes based on the comment regarding the complexity of character of discharge determinations, or the commentors suggestion that VA
utilize automated formulas to determine the character of a discharge.
Finally, the commenter indicated that the proposed rule was not available for comment for the entire 60 days following publication in the Federal Register, and requested an extended period for comment. We note that the proposed rule was published in the Federal Register on December 18, 2020, and the comment period closed on February 16, 2021, which is a period of 60 days. Consequently, we take no action based on this comment.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, and other advantages;
distributive impacts; and equity.
Executive Order 13563 Improving Regulation and Regulatory Review emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The Office of Information and Regulatory Affairs has determined that this rule is not a significant regulatory action under Executive Order 12866. The Regulatory Impact Analysis associated with this rulemaking can be found as a supporting document at www.regulations.gov.
Regulatory Flexibility Act The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601612. The provisions associated with this rulemaking are merely internal administrative processes to VA specifically and do not involve or impact any external entities outside of VA. Therefore, pursuant to 5 U.S.C.
605b, the initial and final regulatory
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flexibility analysis requirements of 5
U.S.C. 603 and 604 do not apply.
Unfunded Mandates
52077

Authority: 38 U.S.C. 101, 107, 112, 501, 512, 2306, 2402, 2403, 2404, 2407, 2408, 2411, 5303, 7105.

2. Amend 38.620 by adding a note to the section to read as follows:

The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in an expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more adjusted annually for inflation in any one year. This final rule would have no such effect on State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
38.620

Persons eligible for burial.

Note 1 to 38.620: A benefit request pertaining to a decedent whose character of discharge may potentially bar eligibility to that benefit may be referred to the Veterans Benefits Administration for review in accordance with 38 CFR 3.12 Character of discharge or other applicable sections.
FR Doc. 202120220 Filed 91721; 8:45 am BILLING CODE 832001P

This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 44 U.S.C. 35013521.

ENVIRONMENTAL PROTECTION
AGENCY

Catalog of Federal Domestic Assistance
40 CFR Part 180

The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this document are 64.201, National Cemeteries; and 64.202, Procurement of Headstones and Markers and/or Presidential Memorial Certificates.

EPAHQOPP20200245; FRL866401
OCSPP

Congressional Review Act
List of Subjects in 38 CFR Part 38
Administrative practice and procedure, Cemeteries, Claims, Veterans.
Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on September 14, 2021, and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs.
Luvenia Potts, Regulation Development Coordinator, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs.

For the reasons set forth in the preamble, VA amends 38 CFR part 38 as set forth below:
PART 38NATIONAL CEMETERIES
OF THE DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 38
continues to read as follows:

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Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

This regulation establishes tolerances for residues of fluazinam in or on multiple commodities that are identified and discussed later in this document. Interregional Research Project Number 4 IR4 requested these tolerances under the Federal Food, Drug, and Cosmetic Act FFDCA.
DATES: This regulation is effective September 20, 2021. Objections and requests for hearings must be received on or before November 19, 2021, and must be filed in accordance with the instructions provided in 40 CFR part 178 see also Unit I.C. of the SUPPLEMENTARY INFORMATION.
ADDRESSES: The docket for this action, identified by docket identification ID
number EPAHQOPP20200245, is available at http www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket OPP Docket in the Environmental Protection Agency Docket Center EPA/DC, West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
204600001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 202 5661744, and the telephone number for the OPP
Docket is 703 3055805.
Due to the public health emergency, the EPA Docket Center EPA/DC and Reading Room is closed to visitors with SUMMARY:

Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.

Fluazinam; Pesticide Tolerances
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