58654 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations

existing rule. As such, it has no

substantive effect nor is it subject to

review under USDA procedures or

Executive Order 12866 on Regulatory

Planning and Review. This rule also

does not meet the definition of a rule

subject to Congressional notice and

review pursuant to 5 U.S.C. 801–804.

Moreover, because good cause exists

to exempt this rule from notice and

comment pursuant to 5 U.S.C. 553, this

rule is exempt from further analysis

under the Unfunded Mandates Reform

Act of 1995 (2 U.S.C. 1531–1538);

Executive Order 12778, Civil Justice

Reform; Executive Order 12630, Takings

Implications; and the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 36 CFR Part 212

Highways and roads, National forests,

Rights-of-way, and Transportation.

Therefore, for the reasons set forth in

the preamble, Part 212 of Title 36 of the

Code of Federal Regulations is hereby

amended as follows:

PART 212—[AMENDED]

1. Revise the authority citation for

Part 212 to read as follows:

Authority: 16 U.S.C. 551, 23 U.S.C. 205.

2. Revise § 212.2 to read as follows:

§ 212.2 Forest development transportation

program.

(a) A forest development

transportation plan must be prepared for

each National Forest and experimental

forest and other areas under Forest

Service administration. The plan must

be prepared, maintained, revised, and

reported on in accordance with

procedures prescribed by the Chief.

(b) A program of work for the forest

development transportation system

shall be developed each fiscal year in

accordance with procedures prescribed

by the Chief.

(c) Forest development transportation

system funds shall be allocated based on

consideration of relative needs of the

various National Forests and other lands

administered by the Forest Service, the

existing transportation facilities, the

value of timber or other resources

served, relative fire danger, and

comparative difficulties of construction.

§ § 212.7 and 212.9 [Amended]

3. In §§ 212.7(c) and 212.9(d), remove

the reference to ‘‘§ 212.11’’ and, in its

place, add a reference to ‘‘§ 212.9’’.

§ 212.10 [Amended]

4. In § 212.10(a)(2), make the

following changes:

a. Remove the reference to ‘‘§ 212.9 (b)

and (c)’’ and, in its place, add a

reference to ‘‘§ 212.7 (b) and (c)’’.

b. Remove the reference to

‘‘§ 212.7(c)’’ and, in its place, add the

reference to ‘‘§ 212.5(c)’’.

c. Remove the reference to ‘‘§ 212.11’’

and, in its place, add a reference to

‘‘§ 212.9’’.

§ 212.11 [Amended]

5. In section 212.11(f), remove the

reference to ‘‘§ 212.7(d)’’ and, in its

place, add the reference to ‘‘§ 212.5(d)’’.

§§ 212.3 and 212.4 [Removed]

§§ 212.5 through 212.12 [Redesignated]

6. Remove §§ 212.3 and 212.4 and

redesignate §§ 212.5 through 212.12 as

§§ 212.3 through 212.10 respectively.

§§ 212.11 and 212.12 [Reserved]

7. Reserve §§ 212.11 and 212.12.

Dated: October 21, 1997.

Ronald E. Stewart,

Acting Associate Chief.

[FR Doc. 97–28812 Filed 10–29–97; 8:45 am]

BILLING CODE 3410–11–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI90

Veterans Education: Increase in Rates

Payable Under the Montgomery GI

Bill—Active Duty

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: By statute, the monthly rates

of basic educational assistance payable

to veterans and servicemembers under

the Montgomery GI Bill—Active Duty

must be adjusted each fiscal year. In

accordance with the statutory formula,

the regulations governing rates of basic

educational assistance payable under

the Montgomery GI Bill—Active Duty

for fiscal year 1998 (October 1, 1997,

through September 30, 1998) are

changed to show a 2.8% increase in

these rates.

DATES: This final rule is effective

October 30, 1997. However, the changes

in rates are applied retroactively to

conform to statutory requirements. For

more information concerning the dates

of application, 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: Under the

formula mandated by 38 U.S.C. 3015(g)

for fiscal year 1998, the rates of basic

educational assistance under the

Montgomery GI Bill—Active Duty

payable to students pursuing a program

of education full time must be increased

by the percentage that the total of the

monthly Consumer Price Index-W for

July 1, 1996, through June 30, 1997,

exceeds the total of the monthly

Consumer Price Index-W for July 1,

1995, through June 30, 1996. This is

2.8%.

It should be noted that some veterans

will receive an increase in monthly

payments that will be less than 2.8%.

The increase does not apply to

additional amounts payable by the

Secretary of Defense to individuals with

skills or a specialty in which there is a

critical shortage of personnel (so-called

‘‘kickers’’). It does not apply to amounts

payable for dependents. Veterans who

previously had eligibility under the

Vietnam Era GI Bill receive monthly

payments that are in part based upon

basic educational assistance and in part

based upon the rates payable under the

Vietnam Era GI Bill. Only that portion

attributable to basic educational

assistance is increased by 2.8%.

Although 38 U.S.C. 3015(g) requires

only that the full-time rates be

increased, these revisions include

increases for other training also.

Monthly rates payable to veterans in

apprenticeship or other on-job training

are set by statute at a given percentage

of the full-time rate. Hence, any rise in

the full-time rate automatically requires

an increase in the rates for such

training.

38 U.S.C. 3015 (a) and (b) require that

the Department of Veterans Affairs (VA)

pay part-time students at appropriately

reduced rates. Since the first student

became eligible for assistance under the

Montgomery GI Bill—Active Duty in

1985, VA has paid three-quarter-time

students and one-half-time students at

75% and 50% of the full-time rate,

respectively. Students pursuing a

program of education at less than onehalf but more than one-quarter-time

have had their payments limited to 50%

or less of the full-time rate. Similarly,

students pursuing a program of

education at one-quarter-time or less

have had their payments limited to 25%

or less of the full-time rate. Changes are

made consistent with the authority and

formula described in this paragraph.

Nonsubstantive changes also are made

for the purpose of clarity.

The changes set forth in this final rule

are effective from the date of

publication, but the changes in rates are

applied retroactively from October 1,
Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations 58655

1997, in accordance with the applicable

statutory provisions discussed above.

Substantive changes made by this

final rule merely reflect statutory

requirements and adjustments made

based on previously established

formulas. Accordingly, 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 Acting 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 and does not

directly affect small entities. This final

rule directly affects only individuals.

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 number for the program

affected by this final rule is 64.124.

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 programs,

Loan programs—education, Loan

programs—veterans, Manpower training

programs, Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: October 17, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set out above, 38 CFR

part 21, subpart K, is amended as set

forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

1. The authority citation for part 21,

subpart K, continues to read as follows:

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

unless otherwise noted.

2. In § 21.7136, paragraphs (b), (c)(1),

(c)(2), and (c)(3) are revised, to read as

follows:

§ 21.7136 Rates of payment of basic

educational assistance.

* * * * *

(b) Rates. (1) Except as elsewhere

provided in this section or in § 21.7139,

the monthly rate of basic educational

assistance payable for training that

occurs after September 30, 1997, and

before October 1, 1998, to a veteran

whose service is described in paragraph

(a) of this section is the rate stated in the

following table:

Training Monthly

rate

Full time .......................................... $439.85 3⁄4 time ............................................ 329.89 1⁄2 time ............................................ 219.93

Less than 1⁄2 but more than 1⁄4 time 219.93 1⁄4 time or less ................................ 109.96

(Authority: 38 U.S.C. 3015)

(2) If a veteran’s service is described

in paragraph (a) of this section, the

monthly rate payable to the veteran for

pursuit of apprenticeship or other onjob training that occurs after September

30, 1997, and before October 1, 1998, is

the rate stated in the following table:

Training period Monthly

rate

First six months of pursuit of training ................................................ $329.89

Second six months of pursuit of

training ......................................... 241.92

Remaining pursuit of training .......... 153.95

(Authority: 38 U.S.C. 3015, 3032(c))

(3) If a veteran’s service is described

in paragraph (a) of this section, the

monthly rate of basic educational

assistance payable to the veteran for

pursuit of a cooperative course is:

(i) $427.87 for training that occurs

after October 8, 1996, and before

October 1, 1997; and

(ii) $439.85 for training that occurs on

or after October 1, 1997.

(Authority: 38 U.S.C. 3015)

(c) * * *

(1) Except as elsewhere provided in

this section or in § 21.7139, the monthly

rate of basic educational assistance

payable to a veteran for training that

occurs after September 30, 1997, and

before October 1, 1998, is the rate stated

in the following table:

Training Monthly

rate

Full time .......................................... $357.38 3⁄4 time ............................................ 268.04 1⁄2 time ............................................ 178.69

Less than 1⁄2 but more than 1⁄4 time 178.69

Training Monthly

rate

1⁄4 time or less ................................ 89.35

(Authority: 38 U.S.C. 3015, 3032(c))

(2) The monthly rate of educational

assistance payable to a veteran for

pursuit of apprenticeship or other onjob training that occurs after September

30, 1997, and before October 1, 1998, is

the rate stated in the following table:

Training period Monthly

rate

First six months of pursuit of training ................................................ $268.04

Second six months of pursuit of

training ......................................... 196.56

Remaining pursuit of training .......... 125.08

(Authority: 38 U.S.C. 3015, 3032(c))

(3) The monthly rate of basic

educational assistance payable to a

veteran for pursuit of a cooperative

course is:

(i) $347.65 for training that occurs

after October 8, 1996, and before

October 1, 1997; and

(ii) $357.38 for training that occurs on

or after October 1, 1997.

(Authority: 38 U.S.C. 3015)

* * * * *

3. In § 21.7137, paragraph (c)(2)

introductory text is amended by

removing ‘‘1996, and before October 1,

1997’’ and adding, in its place, ‘‘1997,

and before October 1, 1998’’; paragraph

(c)(2)(i) is amended by removing

‘‘$615.87’’ and adding, in its place,

‘‘$627.85’’; paragraph (c)(2)(ii) is

amended by removing ‘‘$462.40’’ and

adding, in its place, ‘‘$471.39’’;

paragraph (c)(2)(iii) is amended by

removing ‘‘$309.94’’ and adding, in its

place, ‘‘$313.93’’; paragraph (c)(2)(iv) is

amended by removing ‘‘$153.97’’ and

adding, in its place, ‘‘$156.96’’; and

paragraph (a) is revised to read as

follows:

§ 21.7137 Rates of payment of basic

educational assistance for individuals with

remaining entitlement under 38 U.S.C. ch.

34.

(a) Minimum rates. (1) Except as

elsewhere provided in this section, the

monthly rate of basic educational

assistance for training that occurs after

September 30, 1997, and before October

1, 1998, is the rate stated in the

following table:
58656 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations

Training

Monthly rate

No

dependents

One

dependent

Two

dependents

Additional

for each additional dependent

Full time ............................................................................................................................ $627.85 $663.85 $694.85 $16.00 3⁄4 time .............................................................................................................................. 471.39 497.89 521.39 12.00 1⁄2 time .............................................................................................................................. 313.93 331.93 347.43 8.50

Less than 1⁄2 but more than 1⁄4 time ................................................................................ 313.93 313.93 313.93 0.00 1⁄4 time or less .................................................................................................................. 156.96 156.96 156.96 0.00

(Authority: 38 U.S.C. 3015(e), (f), and (g))

(2) For veterans pursuing apprenticeship or other on-job training, the monthly rate of basic educational assistance

for training that occurs after September 30, 1997, and before October 1, 1998, is the rate stated in the following table:

Training

Monthly rate

No

dependents

One

dependent

Two

dependents

Additional

for each additional dependent

1st six months of pursuit of program ............................................................................... $432.64 $445.01 $455.89 $5.25

2nd six months of pursuit of program .............................................................................. 298.29 307.64 315.34 3.85

3rd six months of pursuit of program ............................................................................... 177.75 183.87 188.60 2.45

Remaining pursuit of program .......................................................................................... 165.85 171.62 176.87 2.45

(Authority: 38 U.S.C. 3015(e), (f), (g))

(3) The monthly rate payable to a veteran who is pursuing a cooperative course is the rate stated in the following

table:

Training period

Monthly rate

No

dependents

One

dependent

Two

dependents

Additional

for each additional dependent

Oct. 9, 1996–Sept. 30, 1997 ............................................................................................ $579.87 $605.37 $629.87 $11.50

On or after Oct. 1, 1997 ................................................................................................... 591.85 617.35 641.85 11.50

(Authority: 38 U.S.C. 3015)

* * * * *

[FR Doc. 97–28723 Filed 10–29–97; 8:45 am]

BILLING CODE 8320–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 15

[ET Docket No. 95–177; FCC 97–379]

Biomedical Telemetry Transmitters

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Report and Order, the

Commission amends its regulations

regarding the unlicensed operation of

biomedical telemetry transmitters in the

174–216 MHz (TV channels 7–13) and

470–668 MHz (TV channels 14–46)

bands, as proposed in the Notice of

Proposed Rule Making (‘‘Notice’’) in this

proceeding, 61 FR 3367, January 31,

1996. These amendments will provide

patients in health care facilities the

ability to move about in a limited area

while being continually monitored,

speeding patient recovery times,

shortening lengths of stay, and reducing

health care costs. The standards being

adopted for these devices should protect

the licensed services operating in the

TV bands. Further, a coordination

procedure has been implemented to

protect radio astronomy observatories

from potential interference from

biomedical telemetry systems operating

on 608–614 MHz (TV channel 37).

DATES: Effective December 1, 1997.

ADDRESSES: Federal Communications

Commission, 1919 M Street, N.W.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: John

A. Reed, Office of Engineering and

Technology, (202) 418–2455.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in ET Docket No. 95–177,

FCC 97–379, adopted October 9, 1997,

and released October 20, 1997. The

complete text of this Report and Order

is available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, N.W., Washington, D.C., and

also may be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, D.C. 20036.

Summary of the Report and Order

1. In the Report and Order (‘‘Order’’),

the Commission amended Part 15 of its

regulations to permit unlicensed

biomedical telemetry transmission