33420 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices

Application

No. Docket No. Applicant

Modification

of exemption

8299–M ....... ............................................. Pacific Scientific, Duarte, CA (See Footnoote 1) ......................................................... 8299

10555–M ..... ............................................. Pacific Scientific HTL/KIN–Tech Division, Durate, CA (See Footnote 2) ..................... 10555

11761–M .. ............................................. Vulcan Chemicals, Birmingham, AL (See Footnote 3) ................................................. 11761

11826–M ..... ............................................. Spectra Gases, Inc., Branchburg, NJ (See Footnote 4) .............................................. 11826

12378–M ..... RSPA–1999–6568 Federal Express, Memphis, TN (See Footnote 5) ........................................................ 12378

12447–M ..... RSPA–2000–7236 Akzo Nobel Coatings, Inc., Norcross, GA (See Footnote 6) ........................................ 12447

12448–M ..... RSPA–2000–7244 Onyx Environmental Services, L.L.C., Flanders, NJ (See Footnote 7) ........................ 12448

1To modify the exemption to increase the service life limit to 24 years of the non-DOT specification pressure vessels for the transportation of

certain Division 2.2 compressed gases. 2To modify the exemption to allow for the transportation of an additional Division 2.2 material in an alternative non-DOT specification cylinder. 3To modify the exemption to eliminate the marking requirements of certain DOT specification and AAR specification tank cars containing a residue of Class 8 materials. 4To modify the exemption to authorize additional Division 2.2 materials transported in DOT–3AL aluminum cylinders.

5To modify the exemption to indicate applicability to companies under subcontract operating under exclusive use for Federal Express for the

transportation in commerce of dry ice by cargo aircraft only. 6To reissue the exemption originally issued on an emergency basis authorizing the use of hazard warning labels that do not conform with the

specifications in the HMR. 7To reissue the exemption originally issued on an emergency basis for the transportation of anhydrous ammonia in DOT specification

cylinders.

[FR Doc. 00–12871 Filed 5–22–00; 8:45am]

BILLING CODE 4910–60–M

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

Office of Hazardous Materials Safety;

Notice of Applications for Exemptions

AGENCY: Research and Special Programs

Administration, DOT.

ACTION: List of applicants for

exemptions.

SUMMARY: In accordance with the

procedures governing the application

for, and the processing of, exemptions

from the Department of Transportation’s

Hazardous Materials Regulations (49

CFR part 107, subpart B), notice is

hereby given that the Office of

Hazardous Materials Safety has received

the applications described herein. Each

mode of transportation for which a

particular exemption is requested is

indicated by a number in the ‘‘Nature of

Application’’ portion of the table below

as follows: 1—Motor vehicle, 2—Rail

freight, 3—Cargo vessel, 4—Cargo

aircraft only, 5—Passenger-carrying

aircraft.

DATES: Comments must be received on

or before June 22, 2000.

ADDRESS COMMENTS TO: Records Center,

Research and Special Programs

Administration, U.S. Department of

Transportation, Washington, DC 20590.

Comments should refer to the

application number and be submitted in

triplicate. If confirmation of receipt of

comments is desired, include a selfaddressed stamped postcard showing

the exemption application number.

FOR FURTHER INFORMATION CONTACT:

Copies of the applications (See Docket

Number) are available for inspection at

the New Docket Management Facility,

PF–401, at the U.S. Department of

Transportation, Nassif Building, 400 7th

Street, SW, Washington, DC 20590 or at

http://dms.dot.gov.

This notice of receipt of applications

for new exemptions is published in

accordance with Part 107 of the Federal

hazardous materials transportation law

(49 U.S.C. 5117(b); 49 CFR 1.53(b)).

Issued in Washington, DC, on May 12,

2000.

J. Suzanne Hedgepeth,

Director, Office of Hazardous Materials,

Exemptions and Approvals.

NEW EXEMPTIONS

Application

No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof

12452–N ...... RSPA–00–7237 CA Dept. of Health

Services, Berkeley,

CA.

49 CFR 173.196, 178.609 To authorize the transportation in commerce

of biological specimens classed as infectious substance (Etiologic agent) in specially designed packagings inside mechanical freezers. (mode 1)

12454–N ...... RSPA–00–7322 Ethyl Corp., Richmond, VA.49 CFR 180.509(1),

180.509(e).

To authorize an alternative testing method

for DOT class 105 tank cars for use in

transporting various classes of hazardous

materials. (mode 2)

12455–N ...... RSPA–00–7320 United States Marine,

Safety Association,

Philadelphia, PA.

49 CFR 173.34(e) ............ To authorize an alternative testing period for

3A, 3AA and 3AL compressed gas cylinders installed in marine inflatable liferafts undergoing required annual service

at a United States Coast Guard approved

inflatable liferaft service facility. (modes 1,

2, 3, 4)

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices 33421

NEW EXEMPTIONS—Continued

Application

No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof

12457–N ...... RSPA–00–7371 Arch Chemicals, Inc.,

Norwalk, CN.

49 CFR 172.101(i)(3) Col.

8C.

To authorize the transportation in commerce

of dry calcium hypochlorite mixture, Division 5.1, in DOT specification flexible intermediate bulk containers. (mode 1)

12460–N ...... RSPA–00–7355 M&M Service Company, Carinville, IL.49 CFR 173.315(k) ........... To authorize the interstate transportation in

commerce of a non-DOT specification

tank built to MC 330 or MC 331 specifications for use in transporting propane, Division 2.1. (mode 1)

[FR Doc. 00–12872 Filed 5–23–00; 8:45 am]

BILLING CODE 4910–60–M

DEPARTMENT OF THE TREASURY

Federal Law Enforcement Training

Center

Notice of Meeting

AGENCY: Federal Law Enforcement

Training Center, Treasury.

ACTION: Notice of meeting.

SUMMARY: The Advisory Committee to

the National Center for State and Local

Law Enforcement Training at the

Federal Law Enforcement Training

Center will meet on June 7, 2000. The

agenda for this meeting includes

remarks by the Committee Co-Chairs,

Karen Wehner, Deputy Assistant

Secretary (LE), Department of the

Treasury, and Mary Lou Leary, Acting

Assistant Attorney General, Office of

Justice Programs, Department of Justice;

progress reports on initiatives and

training programs; and presentations on

collaborative programs presented by the

National Center.

ADDRESSES: James J. Rowley Training

Center, 9200 Powder Mill Road, Laurel,

Maryland.

FOR FURTHER INFORMATION CONTACT:

Hobart M. Henson, Director, National

Center for State and Local Law

Enforcement Training, Federal Law

Enforcement Training Center, Glynco,

GA 31524, 912–267–2322.

Dated: May 17, 2000.

Hobart M. Henson,

Director, National Center for State and Local

Law Enforcement Training.

[FR Doc. 00–12886 Filed 5–22–00; 8:45 am]

BILLING CODE 4810–32–P

DEPARTMENT OF VETERANS

AFFAIRS

Summary of Precedent Opinions of the

General Counsel

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

SUMMARY: The Department of Veterans

Affairs (VA) is publishing a summary of

legal interpretations issued by the

Department’s General Counsel involving

veterans’ benefits under laws

administered by VA. These

interpretations are considered

precedential by VA and will be followed

by VA officials and employees in future

claim matters. The summary is

published to provide the public, and, in

particular, veterans’ benefit claimants

and their representatives, with notice of

VA’s interpretation regarding the legal

matter at issue.

FOR FURTHER INFORMATION CONTACT: Jane

L. Lehman, Chief, Law Library,

Department of Veterans Affairs, 810

Vermont Avenue, NW., Washington, DC

20420, (202) 273–6558.

SUPPLEMENTARY INFORMATION: VA

regulations at 38 CFR 2.6(e)(9) and

14.507 authorize the Department’s

General Counsel to issue written legal

opinions having precedential effect in

adjudications and appeals involving

veterans’ benefits under laws

administered by VA. The General

Counsel’s interpretations on legal

matters, contained in such opinions, are

conclusive as to all VA officials and

employees not only in the matter at

issue but also in future adjudications

and appeals, in the absence of a change

in controlling statute or regulation or a

superseding written legal opinion of the

General Counsel.

VA publishes summaries of such

opinions in order to provide the public

with notice of those interpretations of

the General Counsel that must be

followed in future benefit matters and to

assist veterans’ benefit claimants and

their representatives in the prosecution

of benefit claims. The full text of such

opinions, with personal identifiers

deleted, may be obtained by contacting

the VA official named above.

New Precedent Opinions

VAOPGCPREC 01–2000

Question Presented

a. Is the last sentence of 38 CFR

3.272(h) consistent with 38 U.S.C.

1503(a)(3) in providing that expenses of

a veteran’s last illness paid by a

surviving spouse subsequent to the

veteran’s death, but prior to the date of

entitlement to improved death pension,

may not be excluded from countable

income for the purpose of determining

death pension entitlement?

b. If so: (1) What is the basis for the

differing treatment accorded by section

3.272(h) to expenses paid prior to the

date of death and those paid after the

date of death but before the date of

entitlement; and, (2) does Congress’

intent in enacting Pub. L. No. 98–369 to

limit retroactive payments of pension in

the case of claimants who file claims

more than 45 days after the date of a

veteran’s death provide an adequate

basis for prohibiting consideration of

expenses in determining prospective

entitlement for the period following the

date of claim?

Held

a. The last sentence of 38 CFR

3.272(h) is inconsistent with 38 U.S.C.

1503(a)(3) in providing that expenses of

a veteran’s last illness paid by the

veteran’s surviving spouse subsequent

to the veteran’s death, but prior to the

date of the surviving spouse’s

entitlement to death pension, may not

be deducted from countable income for

the purpose of determining entitlement

to improved death pension. VA may not

rely upon the last sentence of 38 CFR

3.272(h) as a basis for denying a death

pension claim or reducing the amount

of benefits payable.

b. (1) There is no basis for the

differing treatment currently accorded

under 38 CFR 3.272(h) for expenses of

a veteran’s last illness paid prior to the