60464 Federal Register / Vol. 62, No. 217 / Monday, November 10, 1997 / Proposed Rules

ATZR–B (Mr. Barnett), Fort Sill, OK

73503–5100, Telephone (405) 442–2715.

All communications received on or

before the specified closing date for

comments will be considered before

taking action on the proposed rule. The

proposal contained in this notice may

be changed in light of comments

received. All comments submitted will

be available for examination in the

Rules Docket both before and after the

closing date for comments. A report

summarizing each substantive public

contact with FAA personnel concerned

with this rulemaking will be filed in the

docket.

Availability of NPRM’s

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of

Public Affairs, Attention: Public Inquiry

Center, APA–200; 800 Independence

Avenue, SW., Washington, DC 20591, or

by calling (202) 267–3485.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is proposing an amendment

to 14 CFR part 73 to raise the upper

limit of R–5601D from the current

16,500 feet MSL to FL 400. The

horizontal boundaries of the restricted

area would not be changed by this

proposal. The United States Air Force

(USAF) requested this change to R–

5601D in order to contain high-altitude

jet aircraft bombing patterns into the

Falcon Range target area located in R–

5601C.

Although R–5601C airspace extends

to FL 400, there is not enough

maneuvering airspace to allow jet

aircraft to climb to the required delivery

altitudes before final approach into the

target area. Raising the upper limit of R–

5601D to FL 400 would alleviate this

airspace problem and allow for quality

high altitude/high angle bomb delivery

training, a USAF pilot requirement for

‘‘mission ready’’ status.

Additionally, this notice proposes to

expand the times of designation for R–

5601D and R–5601E from the current

‘‘Sunrise to sunset, Tuesday through

Saturday; other times by NOTAM’’ to

‘‘Sunrise to 2200, Monday–Friday; other

times by NOTAM.’’ This proposed

expansion in the times of designation is

necessary to accommodate a change in

flying requirements by both the 301st

Fighter Wing, Carswell Field, TX, and

the 88th Training Wing at Sheppard

AFB, TX. Although there will still be

occasional weekend flying, most activity

will occur during weekdays. The

extension of flying times beyond sunset

is necessary due to a new USAF training

requirement to fly sorties at night.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule, when

promulgated, will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

Environmental Review

This proposal will be subjected to an

environmental analysis by the

proponent and the FAA prior to any

FAA final regulatory action.

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 73 as

follows:

PART 73—SPECIAL USE AIRSPACE

1. The authority citation for part 73

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 73.56 [Amended]

2. § 73.56 is amended as follows:

* * * * *

R–5601D Fort Sill, OK [Amended]

By removing the current ‘‘Designated

altitudes. 500 feet AGL to 16,500 feet

MSL’’ and substituting ‘‘Designated

altitudes. 500 feet AGL to FL 400’’ and

also by removing ‘‘Time of designation.

Sunrise to sunset, Tuesday through

Saturday; other times by NOTAM’’ and

substituting ‘‘Time of designation.

Sunrise to 2200, Monday through

Friday; other times by NOTAM.’’

R–5601E Fort Sill, OK [Amended]

By removing the current ‘‘Time of

designation. Sunrise to sunset, Tuesday

through Saturday; other times by

NOTAM’’ and substituting ‘‘Time of

designation. Sunrise to 2200, Monday

through Friday; other times by

NOTAM.’’

* * * * *

Issued in Washington, DC, on October 29,

1997.

Reginald C. Matthews,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 97–29579 Filed 11–7–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI85

Veterans’ Training: Time Limit for

Submitting Certifications Under the

Service Members Occupational

Conversion and Training Act

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the training assistance and

training benefit regulations of the

Department of Veterans Affairs (VA). It

proposes to place deadlines for

submitting the certifications needed for

both periodic payments and lump-sum

deferred-incentive payments under the

Service Members Occupational

Conversion and Training Act

(SMOCTA). Since the Act has a sunset

provision, all work for which payments

are due has been completed. This

proposal would allow VA to close the

administration of SMOCTA.

DATES: Comments must be received on

or before January 9, 1998.

ADDRESSES: Mail or hand deliver written

comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW, Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN 2900–AI85’’. All

written comments received will be

available for public inspection at the

above address in the Office of

Regulations Management, Room 1158,

between the hours of 8:00 a.m. and 4:30

p.m., Monday through Friday (except

holidays).

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,
Federal Register / Vol. 62, No. 217 / Monday, November 10, 1997 / Proposed Rules 60465

Education Service, Veterans Benefits

Administration, 202–273–7187.

SUPPLEMENTARY INFORMATION: This

document proposes to amend 38 CFR

Part 21, Subpart F–3. It proposes to

place two-year deadlines for submitting

the certifications required for both

periodic payments and lump-sum

deferred-incentive payments under the

Service Members Occupational

Conversion and Training Act

(SMOCTA), 10 U.S.C. 1143, note.

Under SMOCTA, VA has made

periodic payments to employers while

they trained veterans who were forced

or induced to leave military service by

reason of the drawdown of the Armed

Forces. SMOCTA provides that the

maximum period of training for which

assistance may be provided on behalf of

a veteran is 18 months. Under SMOCTA

VA also provides for lump-sum

deferred-incentive payments to

employers if the veterans remained

employed in the occupation for which

they were trained for at least four

continuous months after they completed

training. Although the National Defense

Authorization Act for Fiscal Year 1994

(Pub. L. 103–160) extended the date by

which a veteran could enter a SMOCTA

training program to March 31, 1997,

Pub. L. 103–335 only extended the

availability of SMOCTA funds for

obligation until September 30, 1995.

The effect of these provisions is that the

last period of training for which VA may

provide assistance will end on

September 30, 1997, and the last period

of continuous employment for which

lump-sum deferred-incentive payments

are due will end on January 31, 1998.

VA has provided by regulation (38

CFR 21.4832(a)(3)) that periodic

payments will be made only after the

employer certifies that the veteran’s

progress during the period was

satisfactory and further certifies the

number of hours the veteran worked

during the period. VA also has provided

by regulation (38 CFR 21.4832(b)(1))

that lump-sum deferred-incentive

payments will be made only after the

employer and the veteran certify that

the veteran has been employed in the

occupation for which the veteran

trained for at least four continuous

months after the last date of training.

This document proposes to amend the

regulations to state that the periodic

payments will be made only if the

employer certifies training on or before

September 30, 1999. This document also

proposes to amend the regulations to

state that the lump-sum deferredincentive payments will be made only if

the employee’s certification (there are

provisions for waiver of the employee’s

certification; 38 CFR 21.4382) and the

employer’s certification required for that

payment are submitted on or before

January 31, 2000. These provisions

appear to be warranted. They provide

more than a reasonable amount of time

for submission of claims after the

programs have ended and also will

eliminate the need for the VA to provide

administrative personnel available to

service such claims.

The Secretary of Veterans Affairs

hereby certifies that this proposed rule,

if promulgated, would 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. The

adoption of the proposed rule would

affect some small entities. However, the

effect of the proposed rule, requiring

employers to submit certifications

within two years of the end of SMOCTA

training, would not impose any

additional costs on the employer.

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

proposed rule, therefore, is exempt from

the initial and final regulatory flexibility

analyses requirements of §§ 603 and

604.

No Catalog of Federal Domestic

Assistance number has been assigned to

the program affected by this proposed

rule.

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, Educational

institutions, Employment, Grant

programs—education, Grant programs—

veterans, Health care, Loan programs—

education, Loan programs—veterans,

Manpower training programs, Reporting

and recordkeeping requirements, Travel

and transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: October 27, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 21 (subpart F–3)

is proposed to be amended as set forth

below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart D—Administration of

Educational Assistance Programs

1. The authority for part 21, subpart

F–3 continues to read as follows:

Authority: 10 U.S.C. 1143 note; sec. 4481–

4487, Pub. L. 102–484, 106 Stat. 2757–2769;

sec. 610, Pub. L. 103–446, 108 Stat. 4673–

4674, unless otherwise noted.

2. In § 21.4832, paragraphs (e)(3) and

(e)(4) are added to read as follows:

§ 21.4832 Payments to employers.

* * * * *

(e) Restrictions on payments. * * *

(3) VA will not release any periodic

payments for training provided by an

employer if VA receives the employer’s

certification for that training after

September 30, 1999.

(4) VA will not release any lump sum

deferred incentive payment if VA

receives either the veteran’s or

employer’s certification required for that

payment after January 31, 2000.

(Authority: 106 Stat. 2762, Pub. L. 102–484,

sec. 4487(b); 10 U.S.C. 1143, note)

[FR Doc. 97–29633 Filed 11–7–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 268

[FRL–5919–9]

RIN 2050 AEO5

Land Disposal Restrictions Phase IV:

Second Supplemental Proposal on

Treatment Standards for Metal Wastes

and Mineral Processing Wastes,

Mineral Processing and Bevill

Exclusion Issues, and the Use of

Hazardous Waste as Fill; Notice of

Data Availability

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Data Availability.

SUMMARY: Since publication of the Land

Disposal Restrictions (LDR) Phase IV

Second Supplemental Proposal (62 FR

26041; May 12, 1997), EPA has received

additional capacity information which

will be considered in determining the

need for national capacity variances for

the final Phase IV rule. National

capacity variances extend the effective

date of the LDR treatment standards for

a period of time not to exceed two years

for hazardous wastes for which there are

insufficient treatment capacity on a

nationwide basis. The Agency is making

available to the public this new data

concerning a two-year national capacity

variance for three wastes generated by

FMC Corporation at its facility located

in Pocatello, Idaho. Comments are

requested on the data and the public has

15 days from publication of this notice

to comment on the additional

information.