74976 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

regulatory action’’ under that order 

because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 and is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. The 

Administrator of the Office of 

Information and Regulatory Affairs has 

not designated it as a significant energy 

action. Therefore, it does not require a 

Statement of Energy Effects under 

Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with National Environmental 

Policy Act of 1969 (NEPA) (42 U.S.C. 

4321–4370f), and have concluded that 

there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

instruction. Therefore, this rule is 

categorically excluded, under figure 2–

1, paragraph (32)(e) of the Instruction, 

from further environmental 

documentation. 

Paragraph (32)(e) excludes the 

promulgation of operating regulations or 

procedures for drawbridges from the 

environmental documentation 

requirements of the National 

Environmental Policy Act (NEPA). 

Since this regulation would alter the 

normal operating conditions of the 

drawbridge, it falls within this 

exclusion. A ‘‘Categorical Exclusion 

Determination’’ is available in the 

docket for inspection or copying where 

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117 

Bridges 

Regulations.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS

■ 1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

■ 2. From 7 a.m., December 15, 2004, 

until 8 a.m., March 15, 2005, temporarily 

add new § 117.T394, to read as follows:

§ 117.T394 Upper Mississippi River. 

The Rock Island Railroad and 

Highway Drawbridge, mile 482.9, at 

Rock Island, Illinois, need not open for 

river traffic and may be maintained in 

the closed-to-navigation position.

Dated: December 3, 2004. 

R.F. Duncan, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District.

[FR Doc. 04–27471 Filed 12–14–04; 8:45 am] 

BILLING CODE 4910–15–P

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1228 

RIN 3095–AB41 

Records Management; Unscheduled 

Records

AGENCY: National Archives and Records 

Administration (NARA).

ACTION: Final rule.

SUMMARY: NARA is revising our 

regulations to allow unscheduled 

records to be transferred to records 

storage facilities. These changes will 

allow agencies to transfer unscheduled 

records in a timely manner.

DATES: This rule is effective January 14, 

2005.

FOR FURTHER INFORMATION CONTACT:

Cheryl Stadel-Bevans at telephone 

number (301) 837–3021 or fax number 

(301) 837–0319.

SUPPLEMENTARY INFORMATION: NARA 

published a proposed rule on September 

17, 2004, at 69 FR 56015, for a 60-day 

public comment period. We received 

two comments, both from Federal 

agencies. One comment expressed no 

concerns about the proposed rule. The 

second comment supported the changes 

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