40278 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations

this part, no person or vessel may enter

or remain in this zone, except for

participants in the event, supporting

personnel, vessels registered with the

event organizer, or other vessels

authorized by the Captain of the Port or

his designated representatives. Effective dates. This regulation

becomes effective on July 26 and 27,

1997, from 11 a.m. (PDT) to 5 p.m.

(PDT) each day, unless sooner

terminated by the Captain of the Port.

Dated: July 18, 1997.

Myles S. Boothe,

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

Port Puget Sound.

[FR Doc. 97–19783 Filed 7–25–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

Department of the Army; Corps of

Engineers

33 CFR Part 334

Danger Zone, Pacific Ocean, Naval Air

Weapons Station, Point Mugu, Ventura

County, California

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Interim final rule.

SUMMARY: This interim final rule invites

comments on the Corps proposal to

establish a danger zone in the waters of

the Pacific Ocean extending 5,000

meters offshore from the small arms

range at the Naval Air Weapons Station,

Point Mugu, Ventura County, California.

The danger zone would provide an

appropriate and enforceable zone in

which the Navy may conduct small

arms test firing to qualify military and

civilian security personnel.

DATES: Interim final rule effective July

28, 1997. Written comments must be

submitted on or before August 27, 1997.

ADDRESSES: HQUSACE, CECW–OR,

Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT: Ms.

Tiffany Welch at (805) 641–2935 or Mr.

Ralph Eppard at (202) 761–1783.

SUPPLEMENTARY INFORMATION: The

Commander, Naval Air Weapons

Station, Point Mugu, has requested that

the Corps establish a danger zone in the

waters of the Pacific Ocean north of

Point Mugu. The area will be open to

public use at all times except when the

Navy is using the firing range on shore.

The Navy will give advance notice of

closure of the area by local newspapers,

VHF radio, contact with individual

vessels and contact with certain fishing

organizations. There are no anticipated

navigational hazards or interference

with existing traffic. General public use

of the area is restricted due to ongoing

naval activities. Therefore, no loss of

resources or use of resources would be

borne by the public. On February 28,

1997, the Corps Los Angeles District

Engineer issued a public notice

soliciting comments on this proposed

danger zone to all known interested

parties. The District did not receive any

objections to the establishment of the

danger zone. In view of the existing

threat to public safety within this area,

this interim final rule is effective upon

publication in the Federal Register. The

Corps will consider all comments

received in response to this interim final

rule and in the event substantive

comments are received, the Corps will

take appropriate action which may

include further revision or suspension

of the rules.

Economic Assessment and Certification

This interim final rule is issued with

respect to a military function of the

Defense Department and the provisions

of Executive Order 12291 do not apply.

This interim final rule has been

reviewed under the Regulatory

Flexibility Act (P.L. 96–354), which

requires the preparation of a regulatory

flexibility and analysis for any

regulation that will have significant

economic impact on a substantial

number of small businesses (i.e., small

businesses and small Government

jurisdictions). It has been determined

that establishment of this danger zone

would have practically no impact on the

public, no anticipated navigational

hazard or interference with existing

waterway traffic and accordingly, the

Corps certifies that this proposal if

adopted, will have no significant

economic impact on small entities and

preparation of a regulatory flexibility

analysis is not warranted.

Review Under the National

Environmental Policy Act

An environmental assessment has

been prepared for this action. We have

concluded that the establishment of the

danger zone off Point Mugu will not

have a significant impact to the human

environment and preparation of an

environmental impact statement is not

required. The environmental assessment

may be reviewed at the Los Angeles

District Office. Please contact Ms.

Tiffany Welch at (805) 641–2935 for

further information.

Unfunded Mandates Act

This interim final rule does not

impose an enforceable duty among the

private sector and, therefore, is not a

Federal private sector mandate and is

not subject to the requirements of

Section 202 or 205 of the Unfunded

Mandates Act. We have also found

under Section 203 of the Act, that small

Governments will not be significantly

and uniquely affected by this

rulemaking.

Submission to Congress and the

General Accounting Office

Pursuant to Section 801(a)(1)(A) of the

Administrative Procedure Act as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, the Army has submitted a report

containing this interim final rule to the

U.S. Senate, House of Representatives,

and the Comptroller General of the

General Accounting Office. This interim

final rule is not a major rule within the

meaning of Section 804(2) of the

Administrative Procedure Act, as

amended.

List of Subjects in 33 CFR Part 334

Danger Zones, Navigation (water),

Transportation.

In consideration of the above, the

Corps of Engineers is amending part 334

of title 33 to read as follows:

PART 334—DANGER ZONE AND

RESTRICTED AREA REGULATIONS

1. The authority citation for part 334

continues to read as follows:

Authority: 40 Stat. 226; (33 U.S.C. 1) and

40 Stat. 892; (33 U.S.C. 3).

2. Add § 334.1125 to read as follows:

§ 334.1125 Pacific Ocean Naval Air

Weapons Station, Point Mugu, Small Arms

Range, Ventura County, California; danger

zone

(a) The area. A triangular area

extending southerly into the waters of

the Pacific Ocean from a point on the

beach north of Point Mugu, California,

as follows:

Station Latitude Longitude

1 ............. 34°05′48′′ N ..... 119°07′03′′ W.

2 ............. 34°03′20′′ N ..... 119°08′16′′ W.

3 ............. 34°03′11′′ N ..... 119°07′39′′ W.

4 ............. 34°05′42′′ N ..... 119°06′59′′ W.

5 ............. 34°05′41′′ N ..... 119°06′51′′ W.

6 ............. 34°05′45′′ N ..... 119°06′52′′ W.

(b) The regulations. (1) Range firing

will normally take place between 7 a.m.

and 5 p.m. Monday through Friday.

(2) The danger zone may be used at

all times for navigation and fishing,

except when advance notice of intention

to use this area has been given by the

enforcing agency by one or more of the

following means:

(i) Notice published in Ventura

County daily newspaper, at least two
Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40279

days in advance of the date of said use

and in the local ‘‘Notice to Mariners.’’

(ii) Display of red flag from the tower

at 34°05′53′′ N., 119°06′59′′ W; or

display of red flashing beacons in the

case of night firing.

(iii) Radio broadcast on VHF–FM

channel 16.

(iv) Notice to individual craft by visit

of United States vessel.

(v) Telephone advice to such

fisherman’s organizations as may

request, in writing, that such advice be

given.

(3) Safety observers will be on duty at

all times when the range is in use. Upon

completion of firings, or if the

scheduled firing is canceled for any

reason, fishermen and small boat

operators will be notified as far in

advance as possible by Marine Radio

Broadcast.

(4) Persons, vessels or other craft shall

not enter or remain in the danger zone

when the warning flag or beacon is

being displayed unless authorized to do

so by the range officer in the control

tower.

(5) The regulations in this section

shall be enforced by personnel attached

to the Naval Air Weapons Station, Point

Mugu, California, and by such other

agencies as the Commandant, Eleventh

Naval District, San Diego, California,

may designate.

Dated: July 14, 1997.

Russell L. Fuhrman,

Major General, USA, Director of Civil Works.

[FR Doc. 97–19777 Filed 7–25–97; 8:45 am]

BILLING CODE 3710–92–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI34

Veterans Education: Approval of

Training by Independent Study,

Including Television

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

educational assistance and educational

benefit regulations of the Department of

Veterans Affairs (VA). It updates the

definition of independent study; makes

changes to reflect statutory provisions;

updates authority citations; and makes

other changes for purposes of

clarification.

DATES: Effective: This final rule is

effective July 28, 1997.

Applicability: Certain of the statutory

interpretations, restatements of statute,

and changes in authority citations

contained in this final rule will be

applied retroactively from the effective

date of the statutory provisions. For

more information concerning the dates

of application of the provisions of this

final rule, see the SUPPLEMENTARY

INFORMATION section.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, 202–273–7187.

SUPPLEMENTARY INFORMATION: This

document amends 38 CFR part 21,

which contains VA educational

assistance and educational benefit

regulations.

Prior to the enactment of section 104

of the Veterans’ Benefits Improvements

Act of 1996 (Pub. L. 104–275), an

individual’s enrollment in an opencircuit television course was permitted

for VA educational benefit purposes,

only if the course were offered as an

integral part of a residence program

leading to a standard college degree.

The regulations retain the requirement

that an open-circuit television course

lead to a standard college degree, but

Pub. L. 104–275 removed the

requirement that an open-circuit

television course must be pursued as a

part of a residence program.

Accordingly, 38 CFR 21.4233, 21.7112,

and 21.7612 are amended to reflect this

statutory change. With these changes,

open-circuit television training is

treated as independent study.

Under 38 U.S.C. 3680A, educational

assistance is provided to veterans

enrolled in independent study

programs. A definition of ‘‘independent

study’’ is set forth at 38 CFR 21.4267.

This definition was intended to

interpret the statutory term

‘‘independent study.’’ The definition

necessitates interaction between the

student and the faculty. Previously,

§ 21.4267 provided that such interaction

could be by mail, by telephone, or in

person. The definition, however, was

not intended to restrict the use of other

available means of communication.

Accordingly, the definition of

‘‘independent study’’ is changed to

include the use of modern

communication technologies for the

necessary interaction between faculty

and student.

38 U.S.C. 3672 provides for State

approving agencies to approve courses

for VA training. This includes courses

offered by independent study. The

regulations at § 21.4267 are amended to

reflect these statutory provisions.

Other changes are also made for the

purpose of clarity and to reflect current

authority citations.

The statutory interpretations and

restatements of statute contained in this

final rule and changes in authority

citations to reflect statutory

amendments will be applied

retroactively from the effective dates of

the statutory provisions. The changes to

paragraphs amended solely for purposes

of clarification will not be applied

retroactively. Accordingly, the dates of

application for the provisions covered

by this document are as follows:

October 9, 1996: §§ 21.4233(c);

21.4267(a); 21.4267(b)(2); 21.7112; and

21.7612. July 28, 1997: Subparts D and

K authority citations; §§ 21.4233(d);

21.4267(b)(1)(i); and 21.4267(f).

This document consists of

restatements of statute, interpretive

rules, updates to authority citations, and

changes for purpose of clarification.

Therefore, there is a basis for dispensing

with prior notice and comment and

delayed effective date provisions of 5

U.S.C. 552 and 553.

The Department of Defense (DOD), the

Department of Transportation (Coast

Guard), and VA are jointly issuing this

final rule insofar as it relates to the

Montgomery GI Bill—Selected Reserve.

This program is funded by DOD and the

Coast Guard, and is administered by

VA. The remainder of this final rule is

issued solely by VA.

The Secretary of Defense,

Commandant of the Coast Guard, and

Secretary of Veterans Affairs hereby

certify 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, 5 U.S.C. 601–612. This

final rule will not cause educational

institutions to make significant changes

in their activities and will not have

discernible monetary effects. Pursuant

to 5 U.S.C. 605(b), this final rule,

therefore, is exempt from the initial and

final regulatory flexibility analyses

requirements of sections 603 and 604.

The Catalog of Federal Domestic

Assistance numbers for programs

affected by this final rule are 64.117,

64.120, and 64.124. The final rule also

affects the Montgomery GI Bill—

Selected Reserve for which there is no

Catalog of Federal Domestic Assistance

number.