35280 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

this regulation will not be significant

due to the small area affected; all vessel

traffic may safely transit around this

safety zone; and the extensive marine

advisories that will be made.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule will have a significant

economic impact on a substantial

number of small entities. The term

‘‘small entities’’ comprises small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This rule will affect the following

entities, some of which might be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of Narragansett Bay from 8

p.m. to 11 p.m. on June 30, 2000 (rain

date, July 2, 2000).

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons. This rule will be

in effect for only three hours,

commercial and recreational vessel

traffic can pass safely around the safety

zone, and before the effective period, we

will issue maritime advisories widely

available to users of Narragansett Bay.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we offered to assist small entities in

understanding the rule so that they can

better evaluate its effects on them and

participate in the rulemaking. No

requests for assistance were received.

Small businesses may send comments

on the actions of the Federal employees

who enforce, or otherwise determine

compliance with Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule will call for no new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520.).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will not effect 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 concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

The Coast Guard has considered the

environmental impact of implementing

this rule and concluded that, under

figure 2–1, paragraph 34(g), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and Recordkeeping

Requirements, Security measures, and

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05(g), 6.04–1, 6.04–6 and 160.5; 49

CFR 1.46.

2. Add temporary § 165.T01–197 to

read as follows:

§ 165.T01–197 Safety Zone: Fireworks

Display, Naval Station Newport, Newport,

Rhode Island.

(a) Location. All waters within a five

hundred (500) yard radius of the

fireworks launching platform located

approximately 300 yards off shore from

Coasters Island and Naval Station

Newport, Newport, Rhode Island, in

approximate position 41°31′00′′ N and

071°20′00′′ W.

(b) Effective Period. This section will

be enforced from 8 p.m. until 11 p.m.

on June 30, 2000. If the fireworks

display is cancelled because of bad

weather, this section will be enforced on

July 2, 2000, at the same times.

(c) Regulations. (1) The general

regulations governing safety zones

contained in 33 CFR 165.23 apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U.S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Dated: May 22, 2000.

Peter A. Popko,

Captain, U.S. Coast Guard, Captain of the

Port, Marine Safety Office Providence.

[FR Doc. 00–13814 Filed 6–1–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Parts 3, 17, and 21

RIN 2900–AJ25

Children Suffering from Spina Bifida

Who Are Children of Vietnam Veterans

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

Department of Veterans Affairs (VA)

regulations concerning benefits for

children suffering from spina bifida who

are children of Vietnam veterans. This

is necessary to implement statutory

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35281

changes contained in the Veterans’

Benefits Act of 1997.

DATES: Effective Date: October 1, 1997.

FOR FURTHER INFORMATION CONTACT: John

Bisset, Jr., Consultant, Regulations Staff,

Compensation and Pension Service,

Veterans Benefits Administration, 810

Vermont Avenue, NW, Washington, DC

20420, telephone (202) 273–7210.

SUPPLEMENTARY INFORMATION: Section

421 of Pub. L. 104–204 added a new

chapter 18 to title 38, United States

Code, authorizing VA to provide certain

benefits to children suffering from spina

bifida who are the natural children of

Vietnam veterans. VA published three

sets of regulations to implement the

provisions of section 421 of Pub. L. 104–

204, i.e. regulations concerning

monetary allowances, provision of

healthcare, and provision of vocational

training and rehabilitation, in the

Federal Register of September 30, 1997

(62 FR 51273–51296).

Section 404 of Pub. L. 105–114, the

Veterans’ Benefits Act of 1997, enacted

on November 21, 1997, amended

chapter 18 of title 38, United States

Code. This document revises VA’s

regulations to implement those statutory

amendments. The changes concerning

the definition of ‘‘Vietnam veteran,’’ the

definition of ‘‘child,’’ and the

submission of social security numbers

concern all three sets of regulations. The

other changes made by this document

only concern the monetary allowance

regulations.

Public Law No. 104–204 defined the

term ‘‘Vietnam veteran’’ as a ‘‘veteran’’

who performed active military, naval, or

air service in the Republic of Vietnam

‘‘during the Vietnam era.’’ Public Law

No. 105–114 amended that definition to

refer to an ‘‘individual’’ who performed

active military, naval, or air service in

the Republic of Vietnam ‘‘during the

period beginning on January 9, 1962,

and ending on May 7, 1975, without

regard to the characterization of the

individual’s service.’’ We are amending

38 CFR 3.814(c)(1) of the monetary

allowance regulations accordingly. This

change also affects the spina bifida

regulations concerning provision of

healthcare (see 38 CFR 17.901) and

provision of vocational training and

rehabilitation (see 38 CFR 21.8012).

Public Law No. 104–204 defined the

term ‘‘child’’ as meaning a natural child

of a Vietnam veteran, regardless of age

or marital status, who was conceived

after the date on which the veteran first

entered the Republic of Vietnam

‘‘during the Vietnam era.’’ Public Law

No. 105–114 amended the definition of

‘‘child’’ by changing ‘‘during the

Vietnam era’’ to ‘‘during the period

beginning on January 9, 1962, and

ending on May 7, 1975.’’ We are

amending 38 CFR 3.814(c)(2) of the

monetary allowance regulations

accordingly. This change also affects the

spina bifida regulations concerning

provision of healthcare (see 38 CFR

17.901) and provision of vocational

training and rehabilitation (see 38 CFR

21.8012).

Public Law No. 105–114 revised 38

U.S.C. 1806 so that various

administrative provisions of title 38,

United States Code, including the

following, are applicable to those

applying for or receiving spina bifida

benefits: 38 U.S.C. 5101(c), 5110(a),

5110(b)(2), 5110(g), 5110(i), 5111,

5112(a), 5112(b)(9), and 5112(b)(10).

Accordingly, we are making the

following changes.

• We are amending 38 CFR 3.216 to

provide that anyone applying for or

receiving benefits for a child suffering

from spina bifida, as a condition for

receipt or continued receipt of benefits,

must furnish VA, upon request, his or

her social security number, and the

social security number of anyone based

upon whom benefits are sought or

received (38 U.S.C. 5101(c)).

• We are amending 38 CFR 3.814 of

the monetary allowance regulations to

provide that the effective date of a

monthly award for a child suffering

from spina bifida based on an original

claim, a claim reopened after final

adjudication, or a claim for increase will

be fixed in accordance with the facts

found, but will not be earlier than the

date of receipt of the application for

benefits (38 U.S.C. 5110(a)).

• We are amending 38 CFR 3.814 to

provide that the effective date of an

increased monthly award for a child

suffering from spina bifida will be the

earliest date as of which it is

ascertainable that an increase in

disability had occurred, if application is

received by VA within one year of that

date (38 U.S.C. 5110(b)(2)).

• We are amending 38 CFR 3.114 to

provide that any award or increase of a

monthly award for a child suffering

from spina bifida pursuant to any law or

administrative issue will not be effective

prior to the effective date of the law or

administrative issue and will not be

retroactive more than one year from the

date of application or the date of

administrative determination of

entitlement, whichever is earlier (38

U.S.C. 5110(g)).

• We are amending 38 CFR 3.814 to

provide that a monthly award for a child

suffering from spina bifida benefits

based on a disallowed claim reopened

on the basis of a correction of military

records will be effective on the date

application was made for the correction,

or the date the disallowed claim was

filed, whichever is later, but not

retroactive for more than one year from

the reopening of the disallowed claim

(38 U.S.C. 5110(i)).

• We are amending 38 CFR 3.31 to

provide that the payment of a monthly

award for a child suffering from spina

bifida may not be made for any period

before the first day of the month

following the month in which the award

or increase became effective (38 U.S.C.

5111).

• We are amending 38 CFR 3.814 to

provide that the effective date of a

reduction or discontinuance of a

monthly award for a child suffering

from spina bifida will be fixed in

accordance with the facts found, that

reduction or discontinuance of such

benefits by reason of beneficiary error

will be the effective date of the award,

and that reduction or discontinuance of

such benefits by reason of

administrative error will be effective as

of the date of last payment (38 U.S.C.

5112(a), (b)(9), (b)(10)).

Public Law No. 104–204 provided

that the amounts of the monthly

monetary allowance to a child with

spina bifida are subject to adjustment

under the provisions of 38 U.S.C. 5312,

which provides for the adjustment of

certain VA benefit rates whenever there

is an increase in benefit amounts

payable under title II of the Social

Security Act (42 U.S.C. 401 et seq.). 38

U.S.C. 5312(c)(2) provides that

whenever rates are so increased, the

Secretary may round those rates in such

manner as the Secretary considers

equitable and appropriate. The

Secretary has determined that since all

other benefits administered under VA’s

adjudication regulations (38 CFR part 3)

are paid in even dollar amounts, for ease

of administration it is appropriate to

round rate increases concerning the

spina bifida monetary benefit.

Under procedures established at 38

CFR 3.29, when adjusting the annual

basic benefit rates for the pension

programs and parents’ dependency and

indemnity compensation, if the

resulting amounts are not even dollar

amounts, VA rounds them to the next

higher dollar. In computing monthly

rates from the adjusted annual rates, if

the resulting amounts are not even

dollar amounts, VA rounds to the next

lower dollar. Since Pub. L. 104–204

authorized the monetary allowance for

spina bifida at a monthly rate rather

than an annual rate, it is necessary to

round only one time when determining

a revised rate. Under 38 CFR 3.29, if

rounding is necessary after the first

calculation, the resulting rate is always

35282 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

rounded up. We believe therefore that

since only one rounding is required to

revise the monetary allowance for spina

bifida, it is both equitable and

appropriate to round up. We are

amending § 3.29 accordingly.

Public Law No. 105–114 provides that

the amendments to chapter 18 of title

38, United States Code, are effective as

of October 1, 1997.

This final rule reflects statutory

requirements and reflects issues relating

to agency management. 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.

No regulatory flexibility analysis is

required under the Regulatory

Flexibility Act (5 U.S.C. 601–612). Even

so, 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. The final rule will not directly

affect any small entities. Only VA

beneficiaries are directly affected.

The Catalog of Federal Domestic

Assistance program number is 64.127.

List of Subjects

38 CFR Part 3

Administrative practice and

procedure, Claims, Disability benefits,

Health care, Pensions, Reporting and

recordkeeping requirements, Veterans,

Vietnam.

38 CFR Part 17

Administrative practice and

procedure, Alcohol abuse, Alcoholism,

Claims, Day care, Dental health, Drug

abuse, Foreign relations, Government

contracts, Grant programs-health, Grant

programs-veterans, Health care, Health

facilities, Health professions, Health

records, Homeless, Medical and dental

schools, Medical devices, Medical

research, Mental health programs,

Nursing homes, Philippines, Reporting

and recordkeeping requirements,

Scholarships and fellowships, Travel

and transportation expenses, Veterans.

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 care, Loan

programs-education, Loan programsveterans, Manpower training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: February 2, 2000.

Togo D. West, Jr.,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR parts 3, 17, and 21 are

amended as follows:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation,

and Dependency and Indemnity

Compensation

1. The authority citation for part 3,

subpart A continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. In § 3.29, paragraph (c) is added, to

read as follows:

§ 3.29 Rounding.

* * * * *

(c) Monthly rates under 38 U.S.C.

1805. When increasing the monthly

monetary allowance rates under § 3.814

for children suffering from spina bifida

(see § 3.27(c)), VA will round any

resulting rate that is not an even dollar

amount to the next higher dollar.

Authority: 38 U.S.C. 1805(b)(3),

5312(c)(2)).

3. Section 3.31 is amended as follows:

a. The introductory text is amended in

the first sentence by removing

‘‘compensation, pension or dependency

and indemnity compensation’’ and

adding, in its place, ‘‘compensation,

pension, dependency and indemnity

compensation, or the monetary

allowance under 38 U.S.C. 1805 for a

child suffering from spina bifida who is

a child of a Vietnam veteran’’; and

b. Paragraph (c)(4)(ii) and the

authority citation at the end of the

section are revised to read as follows:

§ 3.31 Commencement of the period of

payment.

* * * * *

(c) * * *

(4) * * *

(ii) Increases in Improved Pension,

parents’ dependency and indemnity

compensation, or the monetary

allowance for children suffering from

spina bifida pursuant to § 3.27, or

* * * * *

Authority: 38 U.S.C. 1806, 5111.

4. Section 3.114 is amended as

follows:

a. Paragraph (a) introductory text is

amended by removing ‘‘Where pension,

compensation, or dependency and

indemnity compensation’’ in each place

it appears and adding, in its place,

‘‘Where pension, compensation,

dependency and indemnity

compensation, or the monetary

allowance under 38 U.S.C. 1805 for a

child suffering from spina bifida who is

a child of a Vietnam veteran’’; and

b. The authority citation at the end of

paragraph (a) is revised to read as

follows:

§ 3.114 Change of law or Department of

Veterans Affairs issue.

* * * * *

Authority: 38 U.S.C. 1806, 5110(g)).

* * * * *

5. In § 3.216, the section heading is

amended by removing ‘‘number’’ and

adding, in its place, ‘‘numbers’’; the first

sentence is amended immediately

following ‘‘of this part’’ by adding ‘‘, or

the monetary allowance for a child

suffering from spina bifida who is a

child of a Vietnam veteran under § 3.814

of this part,’’; and the authority citation

is revised to read as follows:

§ 3.216 Mandatory disclosure of social

security numbers.

* * * * *

Authority: 38 U.S.C. 1806, 5101(c)).

6. Section 3.814 is amended as

follows:

a. Paragraph (c)(1) is amended by

removing ‘‘a veteran’’ and adding, in its

place, ‘‘an individual’’; by removing

‘‘during the Vietnam era’’ and adding, in

its place, ‘‘during the period beginning

on January 9, 1962, and ending on May

7, 1975, without regard to the

characterization of the individual’s

service’’;

b. Paragraph (c)(2) is amended by

removing ‘‘during the Vietnam era’’ and

adding, in its place, ‘‘during the period

beginning on January 9, 1962, and

ending on May 7, 1975’’; and

c. Paragraphs (e) and (f) are added

immediately following paragraph (d)(5)

and the authority citation at the end of

the section is revised to read as follows:

§ 3.814 Monetary allowance under 38

U.S.C. 1805 for a child suffering from spina

bifida who is a child of a Vietnam veteran.

* * * * *

(e) Effective dates. Except as

otherwise provided, VA will award the

monetary allowance for children

suffering from spina bifida based on an

original claim, a claim reopened after

final disallowance, or a claim for

increase as of the date VA received the

claim or the date entitlement arose,

whichever is later.

(1) VA will increase benefits as of the

earliest date the evidence establishes

that the level of severity increased, but

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35283

only if the beneficiary applies for an

increase within one year of that date.

(2) If a claimant reopens a previously

disallowed claim based on corrected

military records, VA will award the

benefit from the latest of the following

dates: the date the veteran or beneficiary

applied for a correction of the military

records; the date the disallowed claim

was filed; or, the date one year before

the date of receipt of the reopened

claim.

(f) Reductions and discontinuances.

VA will generally reduce or discontinue

awards according to the facts found

except as provided in §§ 3.105 and

3.114(b).

(1) If benefits were paid erroneously

because of beneficiary error, VA will

reduce or discontinue benefits as of the

effective date of the erroneous award.

(2) If benefits were paid erroneously

because of administrative error, VA will

reduce or discontinue benefits as of the

date of last payment.

* * * * *

Authority: 38 U.S.C. 1805, 1806, 5110,

5112.

PART 17—MEDICAL

1. The authority citation for part 17

continues to read as follows:

Authority: 38 U.S.C. 501, 1721 unless

otherwise noted.

2. The authority citation at the end of

§ 17.901 is revised to read as follows:

§ 17.901 Definitions.

* * * * *

Authority: 38 U.S.C. 101(2), 1801–1806,

Pub. L. 105–114.

3. The authority citation at the end of

§ 17.902 is revised to read as follows:

§ 17.902 Preauthorization.

* * * * *

Authority: 38 U.S.C. 101(2), 1801–1806,

Pub. L. 105–114.

4. The authority citation at the end of

§ 17.903 is revised to read as follows:

§ 17.903 Payment.

* * * * *

Authority: 38 U.S.C. 101(2), 1801–1806,

Pub. L. 105–114.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart M—Vocational Training and

Rehabilitation for Vietnam Veterans’

Children With Spina Bifida

1. The authority citation for part 21,

subpart M continues to read as follows:

Authority: 38 U.S.C. 101, 501, 512, 1151

note, 1801–1806, 5112, unless otherwise

noted.

2. The authority citation at the end of

§ 21.8012 is revised to read as follows:

§ 21.8012 Definitions and abbreviations.

* * * * *

Authority: 38 U.S.C. 101(2), 1801, 1804,

Pub. L. 105–114.

3. The authority citation at the end of

§ 21.8014 is revised to read as follows:

§ 21.8014 Application.

* * * * *

Authority: 38 U.S.C. 101(2), 1801, 1804,

Public Law 105–114).

[FR Doc. 00–13660 Filed 6–1–00; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 132

[FRL–6707–7]

RIN 2040–AC08

Revocation of the Selenium Criterion

Maximum Concentration for the Final

Water Quality Guidance for the Great

Lakes System

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Partial revocation of final rule.

SUMMARY: In March 1995, EPA

promulgated acute and chronic aquatic

life criteria for selenium as part of the

Final Water Quality Guidance for the

Great Lakes System (40 CFR part 132).

In 1996 the U.S. Court of Appeals for

the District of Columbia Circuit issued

an order vacating the acute criterion for

selenium. AISI v. EPA, 115 F. 3d 979

(1997) (order dated September 10,

1996). EPA did not immediately publish

a notice removing the vacated acute

criterion from the Code of Federal

Regulations because it anticipated

promulgating a new acute criterion

within one year. Although EPA

proposed a new criterion in November

1996, it has not yet promulgated a final

criterion. Based on comments received

on the proposal, as well as earlier

comments EPA had received on the

methodology used to develop the

national selenium criteria, EPA decided

to subject the selenium criteria

methodology to a broader workgroup

and peer review process. While the

selenium workgroup and peer reviewers

have made good progress they are still

months away from making final

recommendations on the acute criterion

for selenium. In the meantime, to avoid

potential confusion about the status of

the vacated acute criterion, EPA has

decided to remove it from the final

Great Lakes Guidance in 40 CFR part

132. EPA plans to propose a new

replacement acute criterion once the

workgroup and peer review process is

complete. In the interim, EPA is

recommending that States and Tribes

rely on the chronic aquatic life criterion

for selenium in setting permit limits.

Today’s action will not affect that

chronic aquatic life criterion.

EFFECTIVE DATE: June 2, 2000.

ADDRESSES: The public docket for this

and earlier rulemakings concerning the

Water Quality Guidance for the Great

Lakes System, including the proposal,

public comments in response to the

proposal, other major supporting

documents, and the index to the docket

are available for inspection and copying

at U.S. EPA Region 5, 77 West Jackson

Blvd., Chicago, IL 60604 by

appointment only. Appointments may

be made by calling Mary Willis Jackson

(telephone 312–886–3717).

FOR FURTHER INFORMATION CONTACT:

Mark Morris (4301), U.S. EPA, Ariel

Rios Building, 1200 Pennsylvania

Avenue, NW, Washington, DC 20460

(202–260–0312).

SUPPLEMENTARY INFORMATION:

I. Discussion

A. Potentially Affected Entities

Citizens concerned with water quality

in the Great Lakes System may be

interested in this rulemaking. Also,

entities potentially affected by today’s

action are those discharging or

intending to discharge selenium to

waters of the United States in the Great

Lakes System. Categories and entities

that may ultimately be affected include: