Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 74977

outlined in the proposed rule. 

Therefore, we are making no changes in 

this final rule. 

This final rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866 and has been 

reviewed by the Office of Management 

and Budget (OMB). As required by the 

Regulatory Flexibility Act, it is hereby 

certified that this final rule will not 

have a significant impact on a 

substantial number of small entities 

because this rule applies to Federal 

agencies. This final rule does not have 

any federalism implications.

List of Subjects in 36 CFR Part 1228 

Archives and records.

■ For the reasons set forth in the 

preamble, NARA amends chapter XII of 

title 36 of the Code of Federal 

Regulations as follows:

PART 1228—DISPOSITION OF 

FEDERAL RECORDS

■ 1. The authority for Part 1228 

continues to read as follows:

Authority: 44 U.S.C. chs. 21, 29, and 33.

■ 2. Amend § 1228.152 by revising the 

entry in the table for item (2)(ii) to read 

as follows:

§ 1228.152 Under what conditions may 

Federal records be stored in records 

storage facilities?

* * * * *

Type of 

record Conditions 

* * * * * 

(2) * * * ..... (i) * * * 

(ii) Also requires prior notification to NARA (see 

§ 1228.154(b)). 

* * * * *

■ 3. Amend § 1228.154 by revising 

paragraphs (b) and (c)(1)(vii) to read as 

follows:

§ 1228.154 What requirements must an 

agency meet when it transfers records to a 

records storage facility?

* * * * *

(b) To transfer unscheduled records, 

notify NARA (NWML) in writing prior 

to the transfer. The notification must 

identify the records storage facility and 

include a copy of the information 

required by paragraph (c) of this section.

* * * * *

(c) * * * 

(1) * * * 

(vii) Citation to NARA-approved 

schedule or agency records disposition 

manual (unscheduled records must cite 

the date the agency notified NARA or, 

if available, the date the SF 115 was 

submitted to NARA);

* * * * *

Dated: December 9, 2004. 

John W. Carlin, 

Archivist of the United States.

[FR Doc. 04–27420 Filed 12–14–04; 8:45 am] 

BILLING CODE 7515–01–P

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AM08 

Increase in Rates Payable Under the 

Montgomery GI Bill—Active Duty

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: By statute, the monthly rates 

of basic educational assistance payable 

under the Montgomery GI Bill—Active 

Duty program must be adjusted each 

fiscal year. In accordance with the 

statutory formula, the regulations 

governing rates of basic educational 

assistance payable under the 

Montgomery GI Bill—Active Duty 

program for Fiscal Year 2005 (October 1, 

2004, through September 30, 2005) are 

changed to show a 2% increase in these 

rates.

DATES: Effective Date: This final rule is 

effective December 15, 2004. 

Applicability Date: The changes in 

rates are applied retroactively to 

October 1, 2004 to conform to statutory 

requirements.

FOR FURTHER INFORMATION CONTACT:

Lynn M. Nelson, Education Adviser, 

Education Service (225C), Veterans 

Benefits Administration, Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Washington, DC 20420, telephone 

(202) 273–7294.

SUPPLEMENTARY INFORMATION: Under the 

formula mandated by 38 U.S.C. 3015(h), 

the Secretary must increase the full-time 

rates of basic educational assistance 

payable under the Montgomery GI Bill—

Active Duty (MGIB) program each fiscal 

year. For Fiscal Year (FY) 2005 the 

increase is 2%, which is the percentage 

by which the total of the monthly 

Consumer Price Index-W for July 1, 

2003, through June 30, 2004, exceeds 

the total of the monthly Consumer Price 

Index-W for July 1, 2002, through June 

30, 2003. The Veterans Benefits Act of 

2003 amended 38 U.S.C. 3015(h) to 

provide that during FY 2005 through FY 

2013, the Secretary must round down 

the increased rate to the next lower 

whole dollar. The full-time basic 

educational assistance rates in this 

document at 38 CFR 21.7136(b)(1), 

(c)(1), and 38 CFR 21.7137(a)(1) are 

rounded down to the nearest dollar. 

It should be noted that 2% increase 

does not affect all educational assistance 

payable under the MGIB. The 2% 

increase applies only to the basic 

educational assistance rate. The increase 

does not apply to additional amounts 

payable by the Secretary of Defense to 

individuals with skills or a specialty in 

which there is a critical shortage of 

personnel (so-called ‘‘kickers’’). 

Veterans who previously had eligibility 

under the Veterans’ Educational 

Assistance program (Vietnam Era GI 

Bill) receive monthly payments that are 

in part based upon basic educational 

assistance and in part based upon the 

rates payable under the Vietnam Era GI 

Bill. Only that portion attributable to 

basic educational assistance is 

increased. In addition, the increase does 

not apply to additional amounts payable 

for dependents.

38 U.S.C. 3015(a) and (b) require that 

the Department of Veterans Affairs (VA) 

pay part-time students at appropriately 

reduced rates. Since the first student 

became eligible for assistance under the 

MGIB in 1985, VA has paid threequarter-time students and one-half-time 

students at 75% and 50% of the fulltime institutional rate, respectively. 

Students pursuing a program of 

education at less than one-half but more 

than one-quarter time have had their 

payments limited to 50% or less of the 

full-time institutional rate. Similarly, 

students pursuing a program of 

education at one-quarter time or less 

have had their payments limited to 25% 

or less of the full-time institutional rate. 

Changes are made consistent with the 

authority and formula described in this 

paragraph. 

In addition, since 38 U.S.C. 3032(c) 

requires that monthly rates payable to 

veterans in apprenticeship or other onthe-job training must be set at a given 

percentage of the full-time rate, the 

apprenticeship or on-the-job training 

rates have been accordingly increased 

effective October 1, 2004. 

The changes set forth in this final rule 

are effective from the date of 

publication, but the changes in the rates 

are applied in accordance with the 

applicable statutory provisions 

discussed above. Thus, the Department 

of Veterans Affairs began paying the 

increased rates for training pursued after 

September 30, 2004. 

Administrative Procedure Act 

Changes made by this final rule 

merely reflect statutory requirements 

and adjustments made based on 

74978 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

previously established formulas. 

Accordingly, there is a basis for 

dispensing with prior notice and 

comment and delayed effective date 

provisions of 5 U.S.C. 552 and 553. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The initial and final regulatory 

flexibility analyses requirements of 

sections 603 and 604 of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612, are 

not applicable to this rule, because a 

notice of proposed rulemaking is not 

required for this rule. Even so the 

Secretary of Veterans Affairs 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. This final rule directly 

affects only individuals and does not 

directly affect small entities. Therefore, 

this final rule is also exempt pursuant 

to 5 U.S.C. 605(b) from the initial and 

final regulatory flexibility analyses 

requirements of sections 603 and 604. 

Unfunded Mandates 

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 

developing any rule that may result in 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

(adjusted annually for inflation) in any 

given year. This rule would have no 

such effect on State, local, or tribal 

governments, or the private sector. 

Catalog of Federal Domestic Assistance 

Program Numbers 

The Catalog of Federal Domestic 

Assistance numbers for the program 

affected by this final rule is 64.124.

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed Forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Defense 

Department, Education, Employment, 

Grant programs-education, Grant 

programs-veterans, Health programs, 

Loan programs-education, Loan 

programs-veterans, Manpower training 

programs, Reporting and recordkeeping 

requirements, Schools, Travel and 

transportation expenses, Veterans, 

Vocational education, Vocational 

Rehabilitation.

Approved: December 7, 2004. 

Anthony J. Principi, 

Secretary of Veterans Affairs.

■ For the reasons set out above, 38 CFR 

part 21 (subpart K) is amended as 

follows:

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION

Subpart K—All Volunteer Force 

Educational Assistance Program 

(Montgomery GI Bill—Active Duty)

■ 1. The authority citation for part 21, 

subpart K, continues to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 36, 

unless otherwise noted.

■ 2. Section 21.7136 is amended by:

■ a. Removing paragraphs (b)(4) through 

(b)(9), and (c)(4) through (c)(9).

■ b. Revising paragraphs (b)(1), (b)(2), 

(b)(3), (c)(1), (c)(2), and (c)(3). 

The revisions read as follows:

§ 21.7136 Rates of payment of basic 

educational assistance.

* * * * *

(b) Rates. (1) Except as elsewhere 

provided in this section or in § 21.7139, 

the monthly rate of basic educational 

assistance payable for training that 

occurs after September 30, 2004, to a 

veteran whose service is described in 

paragraph (a) of this section, is the rate 

stated in the following table:

Training Monthly 

rate 

Full time ........................................ $1004.00 

3⁄4 time .......................................... 753.00 1⁄2 time .......................................... 502.00 

Less than 1⁄2 but more than 1⁄4 .... 502.00 1⁄4 time .......................................... 251.00 

(Authority: 38 U.S.C. 3015.)

(2) If a veteran’s service is described 

in paragraph (a) of this section, the 

monthly rate of basic educational 

assistance payable to the veteran for 

pursuit of apprenticeship or other onthe-job training that occurs after 

September 30, 2004, is the rate stated in 

the following table:

Training period Monthly 

rate 

First six months of training ........... $753.00 

Second six months of training ...... 552.20 

Remaining pursuit of training ....... 351.40 

(Authority: 38 U.S.C. 3015, 3032(c).)

(3) If a veteran’s service is described 

in paragraph (a) of this section, the 

monthly rate of basic educational 

assistance payable to the veteran for 

pursuit of a cooperative course is 

$1004.00 for training that occurs after 

September 30, 2004. (Authority: 38 

U.S.C. 3015.) 

(c) * * *

(1) Except as elsewhere provided in 

this section or in § 21.7139, the monthly 

rate of basic educational assistance 

payable to a veteran for training that 

occurs after September 30, 2004 is the 

rate stated in the following table:

Training Monthly 

rate 

Full time ........................................ $816.00 

3⁄4 time .......................................... 612.00 1⁄2 time .......................................... 408.00 

Less than 1⁄2 but more than 1⁄4 .... 408.00 1⁄4 time or less .............................. 204.00 

(Authority: 38 U.S.C. 3015.)

(2) The monthly rate of basic 

educational assistance payable to a 

veteran for pursuit of apprenticeship or 

other on-the-job training that occurs 

after September 30, 2004 is the rate 

stated in the following table:

Training period Monthly 

rate 

First six months of training ........... $612.00 

Second six months of training ...... 448.80 

Remaining pursuit of training ....... 285.60 

(Authority: 38 U.S.C. 3015, 3032(c).)

(3) The monthly rate of basic 

educational assistance payable to a 

veteran for pursuit of a cooperative 

course is $816.00 for training that 

occurs after September 30, 2004. 

(Authority: 38 U.S.C. 3015.)

* * * * *

■ 3. Section 21.7137 is amended by:

■ a. Removing paragraphs (a)(4) through 

(a)(9).

■ b. Revising paragraphs (a)(1), (a)(2), 

(a)(3), and (c). 

The revisions read as follows:

§ 21.7137 Rates of payment of basic 

educational assistance for individuals with 

remaining entitlement under 38 U.S.C. 

chapter 34. 

(a) Minimum rates. (1) Except as 

elsewhere provided in this section, the 

monthly rate of basic educational 

assistance for training that occurs after 

September 30, 2004 is the rate stated in 

the following table:

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 74979

Training 

Monthly rate 

No dependents One

dependent 

Two

dependents 

Additional for 

each additional dependent 

Full time ........................................................................................................... $1,192.00 $1,228.00 $1,259.00 $16.00 3⁄4 time ............................................................................................................. 894.50 921.00 944.50 12.00 1⁄2 time ............................................................................................................. 596.00 614.00 629.50 8.50 

Less than 1⁄2 but more than 1⁄4 time ................................................................ 596.00 596.00 596.00 0 1⁄4 time or less ................................................................................................. 298.00 298.00 298.00 0 

(Authority: 38 U.S.C. 3015.) (2) For veterans pursuing 

apprenticeship or other on-the-job 

training, the monthly rate of basic 

educational assistance for training that 

occurs after September 30, 2004 is the 

rate stated in the following table:

Training 

Monthly rate 

No dependents One

dependent 

Two

dependents 

Additional for 

each additional dependent 

1st six months of pursuit of program ............................................................... $855.75 $868.13 $879.00 $5.25 

2nd six months of pursuit of program .............................................................. 608.58 617.93 625.63 3.85 

3rd six months of pursuit of program .............................................................. 375.20 381.33 386.05 2.45 

Remaining pursuit of program ......................................................................... 363.30 369.08 374.33 2.45 

(Authority: 38 U.S.C. 3015.) (3) The monthly rate of basic 

educational assistance payable to a 

veteran who is pursuing a cooperative 

course after September 30, 2004, is the 

rate stated in the following table:

Monthly rate 

No dependents One dependent Two dependents 

Additional for 

each additional 

dependent 

$1192.00 .................................................. $1228.00 ................................................ $1259.00 ................................................ $16.00 

(Authority: 38 U.S.C. 3015.)

* * * * *

(c) Rates for servicemembers. The 

monthly rate of basic educational 

assistance for a servicemember may not 

exceed the lesser of the following rates 

(except as provided in paragraph (d) of 

this section): 

(1) The monthly pro-rated cost of the 

course. 

(2) The following monthly rates for 

training that occurs after September 30, 

2004—

(i) $1,192.00 for full-time training; 

(ii) $894.50 for three-quarter-time 

training; 

(iii) $596.00 for one-half-time training 

and training that is less than one-halftime training but more than one-quartertime training; and 

(iv) $298.00 for one-quarter-time 

training. 

(Authority: 38 U.S.C. 3015.)

* * * * *

[FR Doc. 04–27474 Filed 12–14–04; 8:45 am] 

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63

[R06–OAR–2004–LA–0001; FRL–7847–8] 

National Emission Standards for 

Hazardous Air Pollutants; Delegation 

of Authority to Louisiana

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule; delegation of 

authority. 

SUMMARY: The Louisiana Department of 

Environmental Quality (LDEQ) has 

submitted updated regulations for 

receiving delegation of EPA authority 

for implementation and enforcement of 

National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) 

for certain sources (both part 70 and 

non-part 70 sources). These regulations 

apply to certain NESHAPs promulgated 

by EPA, as amended through July 1, 

2003, for 40 CFR part 63 standards. The 

delegation of authority under this notice 

does not apply to sources located in 

Indian Country. EPA is providing notice 

that it has approved delegation of 

certain NESHAPs to LDEQ by letter on 

October 18, 2004.

DATES: This rule is effective on October 

18, 2004, without further notice, unless 

EPA receives adverse comment by 

January 13, 2005. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register

informing the public that this rule will 

not take effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID No. R06–OAR–2004–

LA–0001, by one of the following 

methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http://

docket.epa.gov/rmepub/. Regional 

Material in Edocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the