39562 Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Rules and Regulations 

(i) It shall be incorporated into each 

ton of complete feed by adding no less 

than 1 pound of a premix containing no 

more than 272.4 milligrams of added 

selenium per pound. 

(ii) It shall be incorporated into each 

ton of salt-mineral mixture for beef 

cattle from a premix containing no more 

than 4.5 grams of added selenium per 

pound. 

(4) Usage of this additive must 

conform to the requirements of 

paragraphs (e) and (f) of this section. 

Dated: July 6, 2007. 

Stephen F. Sundlof, 

Director, Center for Veterinary Medicine. 

[FR Doc. E7–13954 Filed 7–18–07; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF DEFENSE 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AM50 

Increase in Rates Payable Under the 

Montgomery GI Bill—Selected Reserve 

and Other Miscellaneous Issues 

AGENCIES: Department of Defense, 

Department of Homeland Security 

(United States Coast Guard), and 

Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends 

Department of Veterans Affairs (VA) 

regulations to increase the monthly rates 

of basic educational assistance payable 

under the Montgomery GI Bill—

Selected Reserve (MGIB–SR) program 

for fiscal years 2005 and 2006 in 

accordance with statutory requirements, 

increase the percentage of basic 

educational assistance payable to 

reservists pursuing apprenticeship or 

other on-the-job training in accordance 

with the Veterans Benefits Act of 2004, 

and remove obsolete education breakpay provisions. 

DATES: Effective Date: This final rule is 

effective July 19, 2007. 

Applicability Dates: The changes in 

the MGIB–SR rates for fiscal years 2005 

and 2006 are applied retroactively to 

October 1, 2004, and October 1, 2005, 

respectively to conform to statutory 

requirements. The change in the 

percentage of basic educational 

assistance payable to reservists pursuing 

apprenticeship or other on-the-job 

training is applied retroactively to 

October 1, 2005, to conform to statutory 

requirements. The changes in the breakpay regulations contained in 38 CFR 

21.7640 are effective July 19, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Brandye R. Kidd, Management and 

Program Analyst, Education Service 

(225C), Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, telephone (202) 

273–7420. (This is not a toll-free 

number.) 

SUPPLEMENTARY INFORMATION: 

I. Increase in MGIB–SR Monthly Rates 

Under the formula mandated by 10 

U.S.C. 16131(b), the rates of basic 

educational assistance under the MGIB–

SR payable to students pursuing a 

program of education full-time, threequarter-time, and half-time must be 

increased by the percentage by which 

the total monthly Consumer Price 

Index-W for the 12-month period ending 

on June 30 preceding the fiscal year 

during which the increase is applicable 

exceeds the Consumer Price Index-W for 

the 12-month period ending on June 30 

the previous fiscal year. Using this 

formula, VA calculated a 2 percent 

increase for fiscal year 2005 and a 3 

percent increase for fiscal year 2006. 

Section 16131(b) also requires that VA 

pay reservists, who are pursuing a 

program of education at less than halftime, an appropriately reduced rate. 

Since payment for less than half-time 

educational programs became available 

under the MGIB–SR in fiscal year 1990, 

VA has paid less than half-time students 

at 25 percent of the full-time rate. In this 

rule, VA continues that practice and 

will pay eligible reservists 25 percent of 

the increased full-time rate described 

above. 

Section 16131(d) requires that 

reservists pursuing a full-time program 

of apprenticeship or other on-the-job 

training be paid a percentage of the 

basic educational monthly rate. Benefits 

for the first 6 months of training, the 

second 6 months of training, and the 

remainder of the program, are payable at 

75 percent, 55 percent, and 35 percent 

respectively. Based on the section 

16131(b) formula described above, there 

is a 2 percent increase for the 

apprenticeship and other on-the-job 

training pursued during fiscal year 2005 

and a 3 percent increase for training 

during fiscal year 2006. 

The increase in the MGIB–SR rates are 

applied in accordance with the 

applicable statutory provisions 

discussed above. Thus, VA began 

paying the 2005 and 2006 fiscal year 

increases effective October 1, 2004 and 

October 1, 2005 respectively. 

II. Increase in the Percentage of Basic 

Educational Assistance Payable to 

Reservists Pursuing Apprenticeship or 

Other On-the-Job Training 

The Veterans Benefits Improvement 

Act of 2004, Public Law 108–454, 

temporarily increased the percentages 

payable for apprenticeship and other 

on-the-job training from 75 percent, 55 

percent, and 35 percent, to 85 percent, 

65 percent, and 45 percent of the fulltime rate of basic educational assistance, 

respectively, after September 30, 2005, 

and before January 1, 2008. 

VA began paying the increased rates 

for reservists pursuing apprenticeship or 

other on-the-job training effective 

October 1, 2005, in accordance with 

Public Law 108–454. 

III. Changes to Education Break-Pay 

Regulations Including the Removal of 

Obsolete Provisions 

We are amending 38 CFR 21.7640(b) 

to remove obsolete provisions and 

provide greater clarity of regulations 

regarding benefit payments for school 

break periods between terms. In 2003, 

38 CFR 21.4138(f), governing payment 

for breaks between terms, quarters or 

semesters, was amended to conform to 

statutory requirements. The final rule 

was published June 9, 2003, in the 

Federal Register (68 FR 34327–34332). 

The preamble to that final rule states 

that changes made to § 21.4138(f) are 

applicable to the Montgomery GI Bill—

Active Duty, Survivors’ and 

Dependents’ Educational Assistance 

Program, Veterans Educational 

Assistance Program, and MGIB–SR. 

Although we amended the language in 

§ 21.4138(f) in that final rule, we 

neglected to make a conforming 

amendment to § 21.7640(b) regarding 

payment for breaks, including intervals 

between terms. This document amends 

the language in the aforementioned 

section in accordance with statutory 

requirements and the previously 

published rule. 

The changes to the break-pay 

regulations, including the removal of 

obsolete provisions, are effective from 

July 19, 2007. 

Administrative Procedure Act 

Changes to 38 CFR part 21 are being 

published without regard to the noticeand-comment and delayed-effectivedate provisions of 5 U.S.C. 553 since 

they merely conform VA’s existing rules 

to the statutory requirements. 

Accordingly, these changes involve 

interpretive rules that are exempt from 


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Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Rules and Regulations 39563 

the notice-and-comment and delayedeffective-date requirement of 5 U.S.C. 

553(b) and (d). 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all 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, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget 

(OMB) unless OMB waives such review, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined and it has been determined 

not to be a significant regulatory action 

under Executive Order 12866. 

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 

issuing any rule that may result in the 

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 

given year. This final rule would have 

no such effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

There is no Catalog of Federal 

Domestic Assistance number for the 

program affected by this final rule. 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Education, 

Employment, Grant programs—

education, Grant programs—veterans, 

Health care, Loan programs—education, 

Loan programs—veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

Approved: February 9, 2007. 

Gordon H. Mansfield, 

Deputy Secretary of Veterans Affairs. 

Approved: March 12, 2007. 

Clifford L. Pearson, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Human Resources. 

Approved: May 7, 2007. 

T.F. Hall, 

Assistant Secretary of Defense for Reserve 

Affairs. 

■ For the reasons stated above, VA 

amends 38 CFR part 21, subpart L, as set 

forth below. 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

Subpart L—Educational Assistance for 

Members of the Selected Reserve 

■ 1. Revise the authority citation for part 

21, subpart L, to read as follows: 

Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 

501(a), 512, ch. 36, and as stated in specific 

sections. 

■ 2. Amend § 21.7635(c)(3) by removing 

‘‘§ 21.7640’’ and adding, in its place, 

‘‘§ 21.4138(f)’’. 

■ 3. Amend § 21.7636 by revising 

paragraphs (a)(1), (a)(2)(i), and (a)(3) to 

read as follows: 

§ 21.7636 Rates of payment. 

(a) Monthly rate of educational 

assistance. (1) Except as otherwise 

provided in this section or in § 21.7639, 

basic educational assistance is payable 

at the following monthly rates. 

(i) For training that occurs after 

September 30, 2004, and before October 

1, 2005: 

Training Monthly rate 

Full time .............................. $288.00 

3⁄4 time ................................ 216.00 1⁄2 time ................................ 143.00 1⁄4 time ................................ 72.00 

(ii) For training that occurs after 

September 30, 2005: 

Training Monthly rate 

Full time .............................. $297.00 

3⁄4 time ................................ 222.00 1⁄2 time ................................ 147.00 1⁄4 time ................................ 74.25 

(2)(i) The monthly rate of basic 

educational assistance payable to a 

reservist for apprenticeship or other onthe-job training full time is payable at 

the following rates. 

(A) For training which occurs after 

September 30, 2004, and before October 

1, 2005: 

Training Monthly rate 

First 6 months of pursuit of 

training ............................ $216.00 

Second 6 months of pursuit 

of training ........................ 158.40 

Remaining pursuit of training ................................... 100.80 

(B) For training which occurs after 

September 30, 2005: 

Training Monthly rate 

First 6 months of pursuit of 

training ............................ $252.45 

Second 6 months of pursuit 

of training ........................ 193.05 

Remaining pursuit of training ................................... 133.65 

(ii) * * * 

(3) The monthly rate of basic 

educational assistance payable to a 

reservist for pursuit of a cooperative 

course is as follows: 

(i) For full-time training that occurs 

after September 30, 2004, and before 

October 1, 2005, the rate payable is the 

rate stated in paragraph (a)(1)(i) of this 

section. 

(ii) For full-time training that occurs 

after September 30, 2005, the rate 

payable is the rate stated in paragraph 

(a)(1)(ii) of this section. 

* * * * * 


cprice-sewell on PROD1PC66 with RULES
39564 Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Rules and Regulations 

■ 4. Amend § 21.7640 by revising 

paragraph (b) to read as follows: 

§ 21.7640 Release of payments. 

* * * * * 

(b) Payment for breaks, including 

intervals between terms. In 

administering 10 U.S.C. chapter 1606, 

VA will apply the provisions of 

§ 21.4138(f) when determining whether 

a reservist is entitled to payment for a 

break, including an interval between 

terms. 

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 

3680) 

* * * * * 

[FR Doc. 07–3466 Filed 7–18–07; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2006–0502, FRL–8441–9] 

Approval and Promulgation of Air 

Quality Implementation; North Dakota; 

Revisions to New Source Review Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of North Dakota. 

The revision, adopted by North Dakota 

on February 1, 2005, to Chapter 33–15–

15 of the North Dakota Administrative 

Code (Prevention of Significant 

Deterioration of Air Quality), 

incorporates EPA’s December 31, 2002 

NSR Reforms. North Dakota submitted 

the request for approval of these rule 

revisions into the State Implementation 

Plan (SIP) on February 10, 2005. North 

Dakota has a federally-approved 

Prevention of Significant Deterioration 

(PSD) program for new and modified 

sources impacting attainment areas in 

the State. North Dakota is in attainment 

for all pollutants, and does not have a 

SIP-approved non-attainment permit 

program. This action is being taken 

under section 110 of the Clean Air Act. 

DATES: Effective Date: This final rule is 

effective August 20, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2006–0502. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Carl 

Daly, Air and Radiation Program, U.S. 

Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202, (303) 312–6416, 

daly.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Action Is EPA Taking? 

II. Background 

III. Final Action 

IV. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State or North Dakota 

mean the State of North Dakota, unless 

the context indicates otherwise. 

I. What Action Is EPA Taking? 

EPA is taking final action to approve 

revisions to the North Dakota SIP 

regarding North Dakota’s PSD program. 

On December 18, 2006 (71 FR 75687), 

EPA published a notice of proposed 

rulemaking (NPR) to approve North 

Dakota’s revisions to their Prevention of 

Significant Deterioration regulations 

(Chapter 33–15–15) that incorporated 

EPA’s December 31, 2002 NSR Reforms. 

The formal SIP revision was submitted 

by North Dakota on February 10, 2005. 

The December 18, 2006 NPR provides 

more detailed information about the 

North Dakota SIP revisions being 

approved today. The public comment 

period for the proposed action ended on 

January 17, 2007. No comments, adverse 

or otherwise, were received on EPA’s 

proposed action. 

II. Background 

On December 31, 2002, EPA 

published revisions to the federal PSD 

and non-attainment NSR regulations in 

40 CFR parts 51 and 52 (67 FR 80186). 

These revisions are commonly referred 

to as the ‘‘NSR Reform’’ regulations and 

became effective nationally in areas not 

covered by a SIP on March 3, 2003. 

These regulatory revisions included 

provisions for baseline emissions 

determinations, actual-to-future-actual 

methodology, plantwide applicability 

limits (PALs), clean units, and pollution 

control projects (PCPs). As stated in the 

December 31, 2002 rulemaking, State 

and local permitting agencies must 

adopt and submit revisions to their part 

51 permitting programs implementing 

the minimum program elements of that 

rulemaking no later than January 2, 

2006 (67 FR 80240). With the February 

10, 2005 submittal, North Dakota 

requested approval of program revisions 

into the State Implementation Plan (SIP) 

that satisfy this requirement. 

On November 7, 2003, EPA published 

a reconsideration of the NSR Reform 

regulations that clarified two provisions 

in the regulations by including a 

definition of ’’replacement unit’’ and by 

clarifying that the plantwide 

applicability limitation (PAL) baseline 

calculation procedures for newly 

constructed units do not apply to 

modified units (68 FR 63021). 

On February 10, 2005, North Dakota 

submitted revisions to Chapter 33–15–

15 of the North Dakota Administrative 

Code (Prevention of Significant 

Deterioration of Air Quality). These 

revisions to Chapter 33–15–15 were 

adopted by the North Dakota 

Department of Health on February 1, 

2005; and repealed 33–15–15–01 

(General provisions), added 33–15–15–

01.1 (Purpose) and 33–15–15–01.1 

(Scope), and made reference and other 

non-substantive changes to 33–15–15–

02 (Reclassification). North Dakota’s 

Regulations for a PSD program for 

attainment areas were federallyapproved and made a part of the SIP on 

November 2, 1979 (44 FR 63103). 

On June 24, 2005, the United States 

Court of Appeals for the District of 

Columbia Circuit issued a ruling on 

challenges to the December 2002 NSR 

Reform revisions (State of New York et 

al. v. EPA, 413 F.3d 3 (D.C. Cir. 2005)). 

Although the Court upheld most of 

EPA’s rules, it vacated both the Clean 

Unit and the Pollution Control Project 

provisions and remanded back to EPA 

the recordkeeping provision at 40 CFR 

52.21(r)(6) that required a stationary 

source to keep records of projects when 

there was a ‘‘reasonable possibility’’ that 


cprice-sewell on PROD1PC66 with RULES