Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations 58653

Division, New Orleans, LA or by

telephone at (504) 589–4686 for

assistance.

Collection of Information

This interim rule does not provide for

a collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

interim rule under the principles and

criteria contained in Executive Order

12612 and has determined that this rule

does not have sufficient implications for

federalism to warrant the preparation of

a Federalism

Environment

The Coast Guard considered the

environmental impact of this interim

rule and concluded that under

paragraph 2.B.2(e)(34)(g) of

Commandant Instruction M16475.1B (as

revised by 61 FR 13563; March 27,

1996), this rule is categorically excluded

from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(waters), Reporting and recordkeeping

requirements, Safety measures, and

Waterways.

In consideration of the foregoing, the

Coast Guard amends Part 165 of Title

33, Code of Federal Regulations to read

as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for Part 165

continues to read as follows:

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

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

46 CFR 1.46.

2. In section 165.810, paragraph (a)

and (b) introductory text are revised,

and new paragraphs (e) and (f) are

added to read as follows:

§ 165.810 Mississippi River, LA-regulated

navigation area.

(a) Purpose and applicability. This

section prescribes rules for all vessels

operating in the Lower Mississippi

River below mile 233.9 above Head of

Passes including South Pass and

Southwest Pass, to assist in the

prevention of allisions; collisions and

groundings so as to ensure port safety

and protect the navigable waters of the

Mississippi River from environmental

harm resulting from those incidents,

and to enhance the safety of passenger

vessels moored or anchored in the

Mississippi River.

(b) Lower Mississippi River below

mile 233.9 above Head of Passes

including South and Southwest Passes:

* * * * *

(e) Watch requirements for anchored

and moored passenger vessels.

(1) Passenger Vessels. Except as

provided in paragraph (e)(2) of this

section, each passenger vessel with one

or more passengers on board, shall:

(i) Keep a continuously manned

pilothouse and;

(ii) Monitor river activities and

marine VHF emergency and working

frequencies of the port so as to be

immediately available to take necessary

action to protect the vessel, crew and

passengers in the event that an

emergency radio broadcast, danger

signal or visual indication of a problem

is received or detected.

(2) Each ferryboat, and each small

passenger vessel that operates with 49

or less passengers, may monitor river

activities using a portable radio from a

vantage point other than the pilothouse.

(f) All self-propelled vessels of 1,600

or more gross tons subject to the

regulations at 33 CFR Part 164 shall also

comply with the following:

(1) The engine room shall be manned

at all times while underway in the RNA.

(2) Prior to embarking a pilot when

entering or getting underway in the

RNA, the master of each vessel shall

ensure that the vessel is in compliance

with 33 CFR Part 164.

(3) The master shall ensure that the

chief engineer has certified that the

following additional operating

conditions will be satisfied so long as

the vessel is underway within the RNA:

(i) The main propulsion plant is in all

respects ready for operations including

the main propulsion air start systems,

fuel systems, lubricating systems,

cooling systems and automation

systems;

(ii) Cooling, lubricating and fuel oil

systems are at proper operating

temperatures;

(iii) Automatic or load limiting main

propulsion plant throttle systems are

operating in manual mode with engines

available to immediately answer

maneuvering commands; and

(iv) Main propulsion standby systems

are ready to be immediately placed in

service.

Dated: October 24, 1997.

T.W. Josiah,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 97–28745 Filed 10–29–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 212

Administration of the Forest

Development Transportation System

AGENCY: Forest Service, USDA.

ACTION: Final rule; technical

amendment.

SUMMARY: This technical amendment

streamlines Forest Service rules for

administration of the forest

transportation system. This amendment

was initiated by agency review under

the President’s Regulatory Reinvention

Initiative and is intended to provide

clearer, more precise direction for the

administration of the forest

development transportation system.

DATES: This rule is effective October 30,

1997.

FOR FURTHER INFORMATION CONTACT:

Richard W. Sowa, Engineering Staff,

Forest Service, USDA, P.O. 96090,

Washington, D.C. 20090–6090, (202)

205–1437.

SUPPLEMENTARY INFORMATION: The

purpose of this technical amendment is

to consolidate direction for the

administration of the forest

development transportation system. The

rules formerly under the separate

sections, headed ‘‘Allocation, Forest

development transportation plan, and

Program of work’’ are now consolidated

under one section, ‘‘Forest development

transportation program.’’

Following a review of Forest Service

regulations under the President’s

Regulatory Reinvention Initiative, the

agency concluded that these sections

were so closely related that they should

be combined into one streamlined

regulation. Also in keeping with

National Performance Review objectives

of using ‘‘plain English’’ in regulations,

the text of sections 212.3 and 212.4

(now section 212.1 (b) and (c) has been

edited to remove extraneous words.

However, no substantive changes have

been made to the rule. Accordingly, by

this amendment, the agency is setting

out the revised rule in the Code of

Federal Regulations. Because of the

narrow scope and limited effect of this

action, the agency has determined that

this amendment is a technical

amendment for which notice and

comment pursuant to the

Administrative Procedures Act (5 U.S.C.

553) is not necessary.

Regulatory Impact

This rule is a technical amendment to

consolidate three small sections of an
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,