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.
40280 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations

List of Subjects in 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 programs—

veterans, Manpower training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: April 25, 1997.

Jesse Brown,

Secretary of Veterans Affairs.

Approved: July 7, 1997.

Normand G. Lezy,

Lieutenant General, USAF, Deputy Assistant

Secretary (Military Personnel Policy).

Approved: June 13, 1997.

Alan M. Steinman,

Assistant Commandant for Human Resources

Acting.

For the reasons set forth in the

preamble, 38 CFR part 21 (subparts D,

K, and L) are amended as set forth

below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart D—Administration of

Educational Assistance Programs

1. The authority citation for part 21,

subpart D, is revised to read as follows:

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

501(a), chs. 30, 32, 34, 35, 36, unless

otherwise noted.

2. In § 21.4233, paragraph (d) is

amended by removing ‘‘a veteran or

other’’ and adding, in its place, ‘‘an’’;

and paragraph (c) is revised to read as

follows:

§ 21.4233 Combination.

* * * * *

(c) Television. (1) A course offered by

open-circuit television is an

independent study course. In order for

an eligible person to receive educational

assistance while pursuing such a course,

the course must meet all the

requirements for independent study

found in § 21.4267.

(Authority: 38 U.S.C. 3523, 3680A)

* * * * *

3. In § 21.4267, the authority citations

for paragraphs (a) and (b), and

paragraph (b)(1)(i) are revised, and

paragraph (f) is added to read as follows:

§ 21.4267 Approval of independent study.

(a) * * *

(Authority: 38 U.S.C. 3014, 3523, 3672,

3676(e), 3680A(a))

(b) * * *

(1) * * *

(i) It consists of a prescribed program

of study with provision for interaction

between the student and the regularly

employed faculty of the institution of

higher learning. The interaction may be

personally or through use of

communications technology, including

mail, telephone, videoconferencing,

computer technology (to include

electronic mail), and other electronic

means;

* * * * *

(Authority: 38 U.S.C. 3523, 3676(e),

3680A(a))

* * * * *

(f) Course approval. A State approving

agency may approve a course offered by

independent study or a combination of

independent study and resident training

only if—

(1) The course is accredited and leads

to a standard college degree; and

(2) The course meets the requirements

of § 21.4253.

(Authority: 38 U.S.C. 3672, 3675,

3680A(a)(4))

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

4. The authority citation for subpart K

is revised to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 36,

unless otherwise noted.

5. In § 21.7112, paragraph (c) is

revised to read as follows:

§ 21.7112 Programs of education

combining two or more types of courses.

* * * * *

(c) Television. In determining whether

a veteran or servicemember may pursue

all or part of a program of education

under 38 U.S.C. chapter 30 by

television, VA will apply the provisions

of § 21.4233(c).

(Authority: 38 U.S.C. 3034(a))

6. In § 21.7612, paragraph (b) is

revised to read as follows:

§ 21.7612 Programs of education

combining two or more types of courses.

* * * * *

(b) Television. In determining whether

a reservist may pursue all or part of a

program of education by television, VA

will apply the provisions of

§ 21.4233(c).

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

3680A)

[FR Doc. 97–19728 Filed 7–25–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[OH107–2a; KY94–9717a; FRL–5863–8]

Clean Air Act Promulgation of

Extension of Attainment Date for

Ozone Nonattainment Area; Ohio;

Kentucky

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; withdrawal.

SUMMARY: On May 27, 1997 (62 FR

28634), EPA extended the attainment

date for the Cincinnati-Hamilton

interstate moderate ozone

nonattainment area from November 15,

1996 to November 15, 1997. This

extension was based in part on

monitored air quality readings for the

national ambient air quality standard

(NAAQS) for ozone during 1996.

Accordingly, EPA revised the table in

the Code of Federal Regulations

concerning ozone attainment dates in

this area. The EPA is withdrawing this

final rule due to the receipt of adverse

comments on EPA’s rulemaking action.

In a subsequent final rule, EPA will

summarize and respond to the

comments received and announce final

rulemaking action on the attainment

date extension requests.

EFFECTIVE DATE: July 28, 1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following

locations:

U.S. Environmental Protection Agency,

Atlanta Federal Center, Region 4, Air

Planning Branch, 61 Forsyth Street

S.W., Atlanta, Georgia 30303–3104.

U.S. Environmental Protection Agency,

Region 5, Regulation Development

Branch, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano at (312) 886–6036 or

Joseph M. LeVasseur at (404) 562–9035.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Ozone, Volatile organic

compounds.

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, National parks,

Wilderness areas.