51782 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

and copying at U.S. Coast Guard Marine

Safety Office Long Island Sound, 120

Woodward Avenue, New Haven, CT

06512. Normal office hours are between

8:00 a.m. and 4:00 p.m., Monday

through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander T. J. Walker,

Chief of Port Operations, Coast Guard

Marine Safety Office, Long Island Sound

at (203) 468–4444.

SUPPLEMENTARY INFORMATION:

Regulatory History

This rule is being published as a final

rule and is being made effective on the

date of publication. Pursuant to 5 U.S.C.

553, good cause exists for promulgating

this rule without a notice of proposed

rulemaking (NPRM) and for making this

rule effective less than 30 days after

publication in the Federal Register. The

facilities located in the areas protected

under the disestablished security zones

are no longer used by the Navy to moor

vessels and therefore the security zones

are of no further use. No purpose is

served by restricting the boating public’s

access to the facilities and surrounding

waters for a longer period of time due

to delays associated with the normal

rulemaking process. No adverse effects

upon local commerce and/or public

conveyances is expected under the

proposed regulation changes. For these

reasons, the Coast Guard finds good

cause, under 5 U.S.C. 553, that notice,

and public procedure on the notice,

before the effective date of this rule are

unnecessary and that this rule should be

made effective in less than 30 days after

publication.

Background and Purpose

Pursuant to consultations with the US

Navy and the State of Connecticut, this

final rule will remove two existing

security zones on the Thames River,

New London, Connecticut. Security

Zone A, (33 CFR 165.140(a)(1))

restricted access to the waters

surrounding the New London State Pier.

Security Zone D, (33 CFR 165.140(a)(4)),

restricted access to the waters

surrounding the former Naval

Underwater Warfare Center. These

zones were used to safeguard Navy

vessels moored at these facilities. The

facilities mentioned above are no longer

used by the Navy. The Navy stopped

using the State Pier in 1992 and

decommissioned the Naval Underwater

Warfare Center in 1996. Therefore, these

security zones are no longer necessary.

Security Zone B, (33 CFR

165.140(a)(2)), restricting access to the

waters surrounding General Dynamics’

Electric Boat facility and Security Zone

C, (33 CFR 165.140(a)(3)) restricting

access to the waters surrounding the

Naval Submarine Base shall remain in

effect.

Regulatory Evaluation

This final rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order.

It has not been reviewed by the Office

of Management and Budget under that

order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

For the reasons stated in the Regulatory

History, the Coast Guard expects the

economic impact of this regulation to be

minimal

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant impact upon a substantial

number of small entities. Small entities

include small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations less than 50,000. For the

reasons addressed under the Regulatory

History above, the Coast Guard finds

that this rule will not have a significant

impact on a substantial number of small

entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this rule and

concluded that under section 2.B.2.e. of

Commandant Instruction M16475.1B, as

revised by 59 FR 38654, July 29, 1994,

this rule is categorically excluded from

further environmental documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(waters), Reporting and Recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

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

49 CFR 1.46 and 33 CFR 1.05–1(g), 6.04–1,

6.04–6, and 160.50.

§ 165.140 [Amended]

2. Section 165.140 is amended as

follows:

a. Remove paragraph (a)(1).

b. Remove paragraph (a)(4).

c. Redesignate paragraphs (a)(2) and

(a)(3) as (a)(1) and (a)(2).

d. In the new paragraph (a)(1), and

remove the words ‘‘Security Zone B’’

and add, in their place, the words

‘‘Security Zone A’’.

e. In the new paragraph (a)(2), remove

the words ‘‘Security Zone C’’ and add,

in their place, the words ‘‘Security Zone

B’’.

f. In paragraph (b) remove the words

‘‘SECURITY ZONES A or B’’ and

replace them with the words

‘‘SECURITY ZONE A’’, and remove the

words ‘‘SECURITY ZONE B’’ and

replace them with ‘‘SECURITY ZONE

A’’.

Dated: September 16, 1997.

P.K. Mitchell,

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

Port, Long Island Sound.

[FR Doc. 97–26337 Filed 10–2–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AI21

Disinterments From National

Cemeteries

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: The Department of Veterans

Affairs (VA) is issuing a final rule to

amend regulations concerning

disinterments from national cemeteries.

Current regulations permit disinterment

of persons buried in a national cemetery

with the consent of immediate family
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