Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51783

members. Previously, the definition of

immediate family members included a

surviving spouse only if unmarried. The

regulation change defines immediate

family members for purposes of

disinterments to include a surviving

spouse whether or not the spouse had

remarried. This is necessary since the

emotional ties of the surviving spouse

are sufficient to justify his or her

consent as a condition of disinterment.

This document also makes

nonsubstantive changes for purposes of

clarification.

DATES: This rule is effective November

3, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Ken Greenberg, Program Analyst, or

Mrs. Sonja McCombs, Program Analyst,

Communications Division (402B1),

National Cemetery System, Department

of Veterans Affairs, 810 Vermont

Avenue, NW, Washington, DC 20420.

Telephone: 202–273–5179 or 202–273–

5183 (these are not toll-free numbers).

SUPPLEMENTARY INFORMATION: A

document was published in the Federal

Register on June 20, 1996 (61 FR 31479),

which proposed to change the definition

of immediate family members for

purposes of disinterments to include a

surviving spouse whether or not the

spouse had remarried. The document

also proposed to make certain

nonsubstantive changes. No comments

were received. Accordingly, based on

the rationale set forth in the proposal

and in this document, the proposed

changes are adopted as a final rule

without change.

Paperwork Reduction Act

Information collection and

recordkeeping requirements associated

with this final rule concerning

disinterments from national cemeteries

(38 CFR 1.621) have been approved by

the Office of Management and Budget

(OMB) under the provisions of the

Paperwork Reduction Act (44 U.S.C.

3504(h)) and have been assigned OMB

Control Number 2900–0365.

This collection of information

included in 38 CFR 1.621 concerns an

application for authority to disinter

remains that must be submitted on VA

Form 40–4970. The provisions of

§ 1.621 are amended to reflect that the

written and notarized consent of a

remarried surviving spouse is a

prerequisite for a disinterment from a

national cemetery.

OMB assigns control numbers to

collections of information it approves.

VA may not conduct or sponsor, and a

person is not required to respond to, a

collection of information unless it

displays a currently valid OMB control

number.

Regulatory Flexibility Act

The Secretary 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, 5 U.S.C. 601–612. Pursuant to 5

U.S.C. 605(b), the amended regulation is

exempt from the initial and final

regulatory flexibility analyses

requirements of sections 603 and 604.

This certification can be made because

the amendment does not affect any

small entities. Only individual VA

beneficiaries could be directly affected.

The final rule is not subject to OMB

review pursuant to E.O. 12291.

(Catalog of Federal Domestic Assistance

Number for programs affected by this

regulation are 64.201 and 64.202)

List of Subjects in 38 CFR Part 1

Administrative practice and

procedure, Cemeteries, Claims, Privacy,

Security.

Approved: July 28, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 1 is amended as

follows:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

continues to read as follows:

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

otherwise noted.

2. In § 1.621, paragraph (c) is

amended by removing the second

sentence; paragraph (d) and the

designation ‘‘[Reserved]’’ are removed;

paragraph (e) is redesignated as

paragraph (d); and paragraphs (a) and

(b)(2) are revised to read as follows:

§ 1.621 Disinterments from national

cemeteries.

(a) Interments of eligible decedents in

national cemeteries are considered

permanent and final. Disinterment will

be permitted only for cogent reasons

and with the prior written authorization

of the National Cemetery Area Office

Director or Cemetery Director

responsible for the cemetery involved.

Disinterment from a national cemetery

will be approved only when all living

immediate family members of the

decedent, and the person who initiated

the interment (whether or not he or she

is a member of the immediate family),

give their written consent, or when a

court order or State instrumentality of

competent jurisdiction directs the

disinterment. For purposes of this

section, ‘‘immediate family members’’

are defined as surviving spouse,

whether or not he or she is remarried;

all adult children of the decedent; the

appointed guardian(s) of minor

children; and the appointed guardian(s)

of the surviving spouse or of the adult

child(ren) of the decedent. If the

surviving spouse and all of the children

of the decedent are deceased, the

decedent’s parents will be considered

‘‘immediate family members.’’

(b) * * *

(2) Notarized statement(s) by all living

immediate family members of the

decedent, and the person who initiated

the interment (whether or not he or she

is a member of the immediate family),

that they consent to the proposed

disinterment.

* * * * *

[FR Doc. 97–26254 Filed 10–2–97; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI45

Survivors and Dependents Education:

Extension of Eligibility Period

AGENCY: 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 restores

provisions that govern the extension of

the period eligible spouses and

surviving spouses have to use Survivors’

and Dependents’ Educational Assistance

(DEA).

EFFECTIVE DATE: October 3, 1997.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, 202–273–7187.

SUPPLEMENTARY INFORMATION: In a

document published in the Federal

Register on January 9, 1997 (62 FR

1303), VA proposed to amend the

‘‘Survivors’ and Dependents’

Educational Assistance Under 38 U.S.C.

Chapter 35’’ regulations which are set

forth in 38 CFR 21.3001 et seq. It was

proposed to add to the regulations a

definition and a rule concerning

qualifying for an extension of time for

a spouse or surviving spouse to use

Survivor’s and Dependents’ Educational

Assistance. Such an extension is

permitted when she or he could not
51784 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

complete a program of education within

the normal ten-year period for doing so

due to a physical or mental disability

that is not the result of willful

misconduct. This definition and rule

were removed in error from the Code of

Federal Regulations when § 21.1043 was

removed.

Interested persons were given 60 days

to submit comments. One comment

from an individual was received.

That individual suggested that, in

addition to making the proposed

changes, VA should restore § 21.1043 to

the Code of Federal Regulations. He

argued that by doing so a Vietnam Era

veteran who had been unable to

complete his or her training within the

ten-year period allowed under the

Vietnam Era GI Bill due to a physical or

mental disability would be able to

resume training under the Vietnam Era

GI Bill.

After careful consideration VA has

determined that there is no legal basis

for restoring § 21.1043 to the Code of

Federal Regulations in order to provide

benefits under the Vietnam Era GI Bill.

The statutory provisions governing the

Vietnam Era GI Bill are found in 38

U.S.C. chapter 34. Section 3462(e)

states, ‘‘No educational assistance shall

be afforded any eligible veterans under

this chapter or chapter 36 of this title

after December 31, 1989.’’ Thus, if a

Vietnam Era veteran who was unable to

pursue a program of education under

the Vietnam Era GI Bill due to a

physical or mental disability, recovered

from the disability to the point where he

or she would be able to pursue that

program in 1997, VA would be

prohibited by 38 U.S.C. 3462(e) from

paying educational assistance to that

veteran.

Accordingly, based on the rationale

set forth in the proposed rule document,

we are adopting the provisions of the

proposed rule as a final rule.

Paperwork Reduction Act of 1995

Information collection and

recordkeeping requirements associated

with this final rule (38 CFR 21.3047)

have been approved by OMB under the

provisions of the Paperwork Reduction

Act (44 U.S.C. 3501–3520) and have

been assigned OMB control number

2900–0573. The regulation requires that

a spouse or surviving spouse who wants

an extension of the applicable time limit

to use educational assistance provided

under DEA must apply for it. Since VA

would consider any communication

from such an individual seeking this

extension to be an application, there are

no corresponding form numbers.

VA is not authorized to impose a

penalty on persons for failure to comply

with information collection

requirements which do not display a

current OMB control number, if

required.

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, 5 U.S.C. 601–612. This

final rule affects only individuals.

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

rule, therefore, is exempt from the

initial and final regulatory flexibility

analysis requirements of sections 603

and 604.

(The Catalog of Federal Domestic Assistance

number for the program affected by this

proposed rule is 64.117)

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: August 28, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 21 (subparts C

and F) is amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart C—Survivors’ and

Dependents’ Educational Assistance

Under 38 U.S.C. Chapter 35

1. The authority citation for subpart C

continues to read as follows:

Authority: 38 U.S.C. 501(a), 512, 3500–

3566, unless otherwise noted.

2. In § 21.3021, paragraph (l) is

redesignated as paragraph (m); and new

paragraph (l) is added, to read as

follows:

§ 21.3021 Definitions.

* * * * *

(l) Disabling effects of chronic

alcoholism. (1) The term disabling

effects of chronic alcoholism means

alcohol-induced physical or mental

disorders or both, such as habitual

intoxication, withdrawal, delirium,

amnesia, dementia, and other like

manifestations of chronic alcoholism

which in the particular case:

(i) Have been medically diagnosed as

manifestations of alcohol dependency or

chronic alcohol abuse; and

(ii) Are determined to have prevented

commencement or completion of the

affected individual’s chosen program of

education.

(2) A diagnosis of alcoholism, chronic

alcoholism, alcohol-dependency,

chronic alcohol abuse, etc., in and of

itself, does not satisfy the definition of

this term.

(3) Injury sustained by an eligible

spouse or surviving spouse as a

proximate and immediate result of

activity undertaken by the eligible

spouse or surviving spouse while

physically or mentally unqualified to do

so due to alcoholic intoxication is not

considered a disabling effect of chronic

alcoholism.

(Authority: 38 U.S.C. 105, 3512(b))

* * * * *

3. In § 21.3046, paragraph (e) is

removed.

4. Section 21.3047 is added, to read as

follows:

§ 21.3047 Extended period of eligibility

due to physical or mental disability.

(a) General. (1) An eligible spouse or

surviving spouse shall be granted an

extension of the applicable period of

eligibility as otherwise determined by

§ 21.3046 provided the eligible spouse

or surviving spouse:

(i) Applies for the extension within

the appropriate time limit;

(ii) Was prevented from initiating or

completing the chosen program of

education within the otherwise

applicable period of eligibility because

of a physical or mental disability that

did not result from the willful

misconduct of the eligible spouse or

surviving spouse;

(iii) Provides VA with any requested

evidence tending to show that the

requirement of paragraph (a)(1)(ii) of

this section has been met; and

(iv) Is otherwise eligible for payment

of educational assistance for the training

pursuant to 38 U.S.C. chapter 35.

(2) In determining whether the

eligible spouse or surviving spouse was

prevented from initiating or completing

the chosen program of education

because of a physical or mental

disability, VA will consider the

following:

(i) It must be clearly established by

medical evidence that such a program of

education was medically infeasible.

(ii) An eligible spouse or surviving

spouse who is disabled for a period of

30 days or less will not be considered

as having been prevented from initiating

or completing a chosen program, unless
Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51785

the evidence establishes that the eligible

spouse or surviving spouse was

prevented from enrolling or reenrolling

in the chosen program of education, or

was forced to discontinue attendance,

because of the short disability.

(iii) VA will not consider the

disabling effects of chronic alcoholism

to be the result of willful misconduct

and will consider those disabling effects

as physical or mental disabilities.

(b) Commencing date. The eligible

spouse or surviving spouse shall elect

the commencing date of an extended

period of eligibility. The date chosen—

(1) Must be on or after the original

date of expiration of eligibility as

determined by § 21.3046(c); and

(2) Must be on or before the ninetieth

day following the date on which the

eligible spouse’s or surviving spouse’s

application for an extension was

approved by VA, if the eligible spouse

or surviving spouse is training during

the extended period of eligibility in a

course not organized on a term, quarter,

or semester basis; or

(3) Must be on or before the first

ordinary term, quarter, or semester

following the ninetieth day after the

eligible spouse’s or surviving spouse’s

application for an extension was

approved by VA if the eligible spouse or

surviving spouse is training during the

extended period of eligibility in a course

organized on a term, quarter, or

semester basis.

(Authority: 38 U.S.C. 3512(b))

(c) Length of extended periods of

eligibility. An eligible spouse’s or

surviving spouse’s extended period of

eligibility shall be for the length of time

that the individual was prevented from

initiating or completing his or her

chosen program of education. This shall

be determined as follows:

(1) If the eligible spouse or surviving

spouse is in training in a course

organized on a term, quarter, or

semester basis, his or her extended

period of eligibility shall contain the

same number of days as the number of

days from the date during the eligible

spouse’s or surviving spouse’s original

period of eligibility that his or her

training became medically infeasible to

the earliest of the following dates:

(i) The commencing date of the

ordinary term, quarter, or semester

following the day the eligible spouse’s

or surviving spouse’s training became

medically feasible;

(ii) The ending date of the eligible

spouse’s or surviving spouse’s period of

eligibility as determined by § 21.3046(c);

or

(iii) The date the eligible spouse or

surviving spouse resumed training.

(2) If the eligible spouse or surviving

spouse is training in a course not

organized on a term, quarter, or

semester basis, his or her extended

period of eligibility shall contain the

same number of days from the date

during the eligible spouse’s or surviving

spouse’s original period of eligibility

that his or her training became

medically infeasible to the earlier of the

following dates:

(i) The date the eligible spouse’s or

surviving spouse’s training became

medically feasible; or

(ii) The ending date of the eligible

spouse’s or surviving spouse’s period of

eligibility as determined by § 21.3046.

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0573)

(Authority: 38 U.S.C. 3512(b))

Subpart F—Education Loans

5. The authority citation for subpart F

continues to read as follows:

Authority: 38 U.S.C. 501, 3537, 3698, 3699,

unless otherwise noted.

6. In § 21.4501, paragraph (b)(1) is

amended by removing ‘‘(d)’’ and adding,

in its place, ‘‘(d), or § 21.3047’’;

paragraph (b)(2)(iv) is amended by

removing ‘‘(d)’’ and adding, in its place,

‘‘(d), or § 21.3047’’; paragraph

(b)(2)(v)(A) is amended by removing

‘‘(d)’’ and adding, in its place, ‘‘(d), or

§ 21.3047’’; paragraph (b)(2)(v)(B) is

amended by removing ‘‘(d)’’ and adding,

in its place, ‘‘(d), or § 21.3047’’,

paragraph (c)(1) is amended by

removing ‘‘(d)’’ and adding, in its place

‘‘(d), or § 21.3047’’; and paragraph (c)(3)

is amended by removing ‘‘(d)’’ and

adding, in its place, ‘‘(d), or § 21.3047’’.

[FR Doc. 97–26253 Filed 10–2–97; 8:45 am]

BILLING CODE 8320–01–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Modified base (1% annual

chance) flood elevations are finalized

for the communities listed below. These

modified elevations will be used to

calculate flood insurance premium rates

for new buildings and their contents.

EFFECTIVE DATES: The effective dates for

these modified base flood elevations are

indicated on the following table and

revise the Flood Insurance Rate Map(s)

in effect for each listed community prior

to this date.

ADDRESSES: The modified base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes the final determinations listed

below of the final determinations of

modified base flood elevations for each

community listed. These modified

elevations have been published in

newspapers of local circulation and

ninety (90) days have elapsed since that

publication. The Associate Director has

resolved any appeals resulting from this

notification.

The modified base flood elevations

are not listed for each community in

this notice. However, this rule includes

the address of the Chief Executive

Officer of the community where the

modified base flood elevation

determinations are available for

inspection.

The modifications are made pursuant

to Section 206 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR Part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program

(NFIP).

These modified elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, State, or regional entities.