55516 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

consumers identify the wines they

purchase. Thus, any benefit derived

from the use of a viticultural area name

is the result of the proprietor’s own

efforts and consumer acceptance of

wines from that region. No new

requirements are proposed.

Accordingly, a regulatory flexibility

analysis is not required.

Executive Order 12866

It has been determined that this

regulation is not a significant regulatory

action as defined by Executive Order

12866. Accordingly, this final rule is not

subject to the analysis required by this

Executive Order.

Drafting Information

The principal author of this document

is David W. Brokaw, Wine, Beer, and

Spirits Regulations Branch, Bureau of

Alcohol, Tobacco, and Firearms.

List of Subjects in 27 CFR Part 9

Administrative practices and

procedures, Consumer protection,

Viticultural areas, Wine.

Authority and Issuance

Title 27, Code of Federal Regulations,

part 9, American Viticultural Areas, is

amended as follows:

PART 9—AMERICAN VITICULTURAL

AREAS

1. The authority citation for part 9

continues to read as follows:

Authority: 27 U.S.C. 205.

Subpart C—Approved American

Viticultural Areas

Par. 2. Subpart C is amended by

adding § 9.158 to read as follows:

* * * * *

§ 9.152 Mendocino Ridge.

(a) Name. The name of the viticultural

area described in this section is

‘‘Mendocino Ridge.’’

(b) Approved maps. The appropriate

maps for determining the boundary of

the Mendocino Ridge viticultural area

are four 1:62,500 scale U.S.G.S.

topographical maps. They are titled:

(1) Ornbaun Valley Quadrangle,

California, 15 minute series topographic

map, 1960.

(2) Navarro Quadrangle, California, 15

minute series topographic map, 1961.

(3) Point Arena Quadrangle,

California, 15 minute series topographic

map, 1960.

(4) Boonville Quadrangle, California,

15 minute series topographic map, 1959.

(c) Boundary. The Mendocino Ridge

viticultural area is located within

Mendocino County, California. Within

the boundary description that follows,

the viticultural area starts at the 1200

foot elevation (contour line) and

encompasses all areas at or above the

1200 foot elevation line. The boundaries

of the Mendocino Ridge viticultural

area, using landmarks and points of

reference found on appropriate U.S.G.S.

maps, follow.

(1) Beginning at the Mendocino/

Sonoma County line at the mouth of the

Gualala River, where the Gualala River

empties into the Pacific Ocean, in

section 27 of Township 11 North

(T11N), Range 5 West (R5W), located in

the southeastern portion of U.S.G.S. 15

minute series map, ‘‘Point Arena,

California;’’

(2) Then following the Mendocino/

Sonoma County line eastward to the

southeast corner of section 8 in T11N/

R13W, on the U.S.G.S. 15 minute map,

‘‘Ornbaun Valley, California;’’

(3) Then from the southeast corner of

section 8 in T11N/R13W directly north

approximately 3+ miles to the

southwest corner of section 9 in T12N/

R13W;

(4) Then proceeding in a straight line

in a northwesterly direction to the

southwestern corner of section 14 in

T13N/R14W;

(5) Then directly north along the

western line of section 14 in T13N/

R14W to a point on the western line of

section 14 approximately 1⁄4 from the

top where the Anderson Valley

viticultural area boundary intersects the

western line of section 14 in T13N/

R14W;

(6) Then in a straight line, in a

northwesterly direction, to the

intersection of an unnamed creek and

the south section line of section 14,

T14N/R15W, on the U.S.G.S. 15 minute

series map, ‘‘Boonville, California;’’

(7) Then in a westerly direction along

the south section lines of sections 14

and 15 in T14N/R15W to the southwest

corner of section 15, T14N/R15W, on

the U.S.G.S. 15 minute series map,

‘‘Navarro, California;’’

(8) Then in a northerly direction along

the western section lines of sections 15,

10, and 3 in T14N/R15W in a straight

line to the intersection of the Navarro

River on the western section line of

section 3 in T14N/R15W;

(9) Then in a northwesterly direction

along the Navarro River to the mouth of

the river where it meets the Pacific

Ocean in section 5 of T15N/R17W;

(10) Then in a southern direction

along the Mendocino County coastline

to the Mendocino/Sonoma County line

to the beginning point at the mouth of

the Gualala River in section 27 of T11N/

R15W, on the U.S.G.S. 15 minute series

map, ‘‘Point Arena, California.’’

Signed: September 3, 1997.

John W. Magaw,

Director.

Approved: September 24, 1997.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 97–28280 Filed 10–24–97; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 67

[DoD Instruction 1215.17]

Educational Requirements for

Appointment of Reserve Component

Officers to a Grade Above First

Lieutenant or Lieutenant (Junior

Grade)

AGENCY: Department of Defense.

ACTION: Final rule.

SUMMARY: Publishes DoD guidelines for

implementing policy, assigns

responsibilities, and prescribes

procedures for identifying criteria for

determining educational institutions

which award baccalaureate degrees that

satisfy the educational requirement of

officers to a grade above First Lieutenant

in the Army Reserve, Air Force Reserve,

and Marine Corps Reserve, or

Lieutenant (Junior Grade) in the Naval

Reserve, or for officers to be federally

recognized in a grade above First

Lieutenant as a member of the Army

National Guard or the Air National

Guard.

EFFECTIVE DATE: This rule is effective

October 27, 1997.

FOR FURTHER INFORMATION CONTACT:

Colonel Rowan W. Bronson, OASD/RA

(M&P), (703) 693–7490.

SUPPLEMENTARY INFORMATION: It has been

determined that this amendment is not

a significant regulatory action. This final

rule does not:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy; a section of the economy;

productivity; competition; jobs; the

environment; public health or safety; or

State, local, or tribal governments of

communities.

(2) Subject to the Regulatory

Flexibility Act and does not impose any

reporting or recordkeeping requirements

under the Paperwork Reduction Act of

1980.

(3) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another Agency.
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55517

(4) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs, or the rights and

obligations or recipients thereof; or

(5) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.

Public Law 96–354, ‘‘Regulatory

Flexibility Act ’’ (5 U.S.C. 601)

It has been determined that this rule

is not subject to the Regulatory

Flexibility Act (5 U.S.C. 601) because it

would not, if promulgated, have a

significant economic impact on

substantial numbers of small entities.

The law identifies criteria for

determining educational institutions

which award baccalaureate degrees that

satisfy the educational requirement for

appointment of officers to a grade above

First Lieutenant in the Army Reserve,

Air Force Reserve, and Marine Corps

Reserve, or Lieutenant (Junior Grade) in

the Naval Reserve, or for officers to be

federally recognized in a grade above

First Lieutenant as a member of the

Army National Guard or the Air

National Guard.

Public Law 96–511, ‘‘Paperwork

Reduction Act’’ (44 U.S.C. Chapter 35)

It has been determined that this part

does not impose any reporting or

recordkeeping requirements on the

public under the Paperwork Reduction

Act of 1995.

List of Subjects in 32 CFR Part 67

Armed forces reserves, Education.

Accordingly, title 32 CFR part 67 is

revised to read as follows:

PART 67—EDUCATIONAL

REQUIREMENTS FOR APPOINTMENT

OF RESERVE COMPONENT OFFICERS

TO A GRADE ABOVE FIRST

LIEUTENANT OR LIEUTENANT

(JUNIOR GRADE)

Sec.

67.1 Purpose.

67.2 Applicability.

67.3 Definitions.

67.4 Policy.

67.5 Responsibilities.

67.6 Procedures.

Authority: 10 U.S.C. 12205.

§ 67.1 Purpose.

This part provides guidance for

implementing policy, assigns

responsibilities, and prescribes under 10

U.S.C. 12205 for identifying criteria for

determining educational institutions

that award baccalaureate degrees which

satisfy the educational requirement for

appointment of officers to a grade above

First Lieutenant in the Army Reserve,

Air Force Reserve, and Marine Corps

Reserve, or Lieutenant (Junior Grade) in

the Naval Reserve, or for officers to be

federally recognized in a grade level

above First Lieutenant as a member of

the Army National Guard or Air

National Guard.

§ 67.2 Applicability.

This part applies to the Office of the

Secretary of Defense, and the Military

Departments; the Chairman of the Joint

Chiefs or Staff; and the Defense

Agencies referred to collectively in this

part as the ‘‘DoD Components’’). The

term ‘‘Military Departments,’’ as used in

this part, refers to the Departments of

the Army, the Navy, and the Air Force.

The term ‘‘Secretary concerned’’ refers

to the Secretaries of the Military

Departments. The term ‘‘Military

Services’’ refers to the Army, the Navy,

the Air Force, the Marine Corps. The

term ‘‘Reserve components’’ refers to the

Army Reserve, Army National Guard of

the United States, Air Force Reserve, Air

National Guard of the United States,

Naval Reserve, Marine Corps Reserve.

§ 67.3 Definitions.

Accredited educational institution.

An educational institution accredited by

an agency recognized by the Secretary of

Education.

Qualifying educational institution. An

educational institution that is

accredited, or an unaccredited

educational institution that the

Secretary of Defense designates

pursuant to § 67.6(a) and § 67.6(b).

Unaccredited educational institution.

An educational institution not

accredited by an agency recognized by

the Secretary of Education.

§ 67.4 Policy

(a) It is DoD policy under 10 U.S.C.

12205 to require Reserve component

officers to have at least a baccalaureate

degree from a qualifying educational

institution before appointment to a

grade above First Lieutenant in the

Army Reserve, Air Force Reserve or

Marine Corps Reserve, or Lieutenant

(Junior Grade) in the Naval Reserve, or

for officers to be federally recognized in

a grade above First Lieutenant as a

member of the Army National Guard or

Air National Guard.

(b) Exempt from this policy is any

officer who was:

(1) Appointed to or recognized in a

higher grade for service in a health

profession for which a baccalaureate

degree is not a condition of original

appointment or assignment.

(2) Appointed in the Naval Reserve or

Marine Corps Reserve as a limited duty

officer.

(3) Appointed in the Naval Reserve

for service under the Naval Aviation

Cadet (NAVCAD) program or the

Seaman to Admiral program.

(4) Appointed to or recognized in a

higher grade if appointed to, or federally

recognized in, the grade of captain or, in

the case of the Navy, lieutenant before

October 1, 1995.

(5) Recognized in the grade of captain

or major in the Alaska Army National

Guard, who resides permanently at a

location in Alaska that is more than 50

miles from each of the cities of

Anchorage, Fairbanks, and Juneau,

Alaska, by paved road, and who is

serving in a Scout unit or a Scout

support unit.

(c) The Department of Defense will

designate an unaccredited educational

institution as a qualifying educational

institution for the purpose of meeting

this educational requirement if that

institution meets the criteria established

in this part.

§ 67.5 Responsibilities.

(a) The Assistant Secretary of Defense

for Reserve Affairs, under the Under

Secretary of Defense for Personnel and

Readiness, shall:

(1) Establish procedures by which an

unaccredited educational institution can

apply for DoD designation as a

qualifying educational institution.

(2) Publish in the Federal Register

DoD requirements and procedures for an

unaccredited educational institution to

apply for designation as a qualifying

education institution.

(3) Annually, provide to the

Secretaries of the Military Departments

a list of those unaccredited educational

institutions that have been approved by

the Department of Defense as a

qualifying educational institution. This

list shall include the year or years for

which unaccredited educational

institutions are designed as qualifying

educational institutions.

(b) The Secretaries of the Military

Departments shall establish procedures

to ensure that after September 30, 1995,

those Reserve component officers

selected for appointment to a grade

above First Lieutenant in the Army

Reserve, Air Force Reserve, or Marine

Corps Reserve, or Lieutenant (Junior

Grade) in the Naval Reserve, or for

officers to be federally recognized in a

grade above First Lieutenant as a

member of the Army National Guard or

Air National Guard, who are required to

hold a baccalaureate degree, were

awarded a baccalaureate degree from a

qualifying educational institution before

appointment to the next higher grade.

For a degree from an unaccredited

educational institution that has been
55518 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

recognized as qualifying educational

institution by the Department of Defense

to satisfy the educational requirements

of 10 U.S.C. 12205, the degree must not

have been awarded more than 8 years

before the date the officer is to be

appointed, or federally recognized, in

the grade of Captain in the Army

Reserve, Army National Guard, Air

Force Reserve, Air National Guard, or

Marine Corps Reserve, or in the grade of

Lieutenant in the Naval Reserve.

§ 67.6 Procedures.

(a) An unaccredited educational

institution may obtain designation as a

qualifying educational institution for a

specific Reserve component officer who

graduated from that educational

institution by providing certification

from registrars at three accredited

educational institutions that maintain

ROTC programs that their educational

institutions would accept at least 90

percent of the credit hours earned by

that officer at the unaccredited

educational institution, as of the year of

graduation.

(b) For an unaccredited educational

institution to be designated as a

qualifying educational institution for a

specific year, that educational

institution must provide the Office of

the Assistant Secretary of Defense for

Reserve Affairs certification from the

registrars at three different accredited

educational institutions that maintain

ROTC programs listing the major field(s)

of study in which that educational

institution would accept at least 90

percent of the credit hours earned by a

student who was awarded a

baccalaureate degree in that major field

of study at the unaccredited educational

institution.

(c) For an unaccredited educational

institution to be considered for

designation as a qualifying educational

institution, the unaccredited

educational institution must submit the

required documentation no later than

January 1 of the year for which the

unaccredited educational institution

seeks to be designated a qualifying

educational institution.

(d) The required documentation must

be sent to the following address: Office

of the Assistant Secretary of Defense for

Reserve Affairs, Attn: DASD (M&P),

1500 Defense Pentagon, Washington, DC

20301–1500.

(e) Applications containing the

required documentation may also be

submitted at any time from

unaccredited educational institutions

requesting designation as a qualifying

educational institution for prior school

years.

Dated: October 20, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–28355 Filed 10–24–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI79

Veterans and Reservists Education:

Additional Educational Assistance

While Serving in the Selected Reserve

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

educational assistance and educational

benefits regulations of the Department

of Veterans Affairs (VA). It makes

changes concerning the amount of

monthly educational assistance

available to certain veterans and

reservists training under the

Montgomery GI Bill. These changes

restate statutory requirements and set

forth VA’s statutory interpretations of a

provision of the National Defense

Authorization Act for Fiscal Year 1996.

It also makes nonsubstantive changes by

removing provisions that no longer

apply and by clarifying provisions.

DATES: Effective Date: This final rule is

effective October 27, 1997.

However, the changes in restatements

of statute and in statutory

interpretations will be applied

retroactively from the effective dates of

the statutory provisions. 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: This

document amends regulations

concerning VA-administered

educational assistance and educational

benefits under the Montgomery GI

Bill—Active Duty program (38 CFR part

21, subpart K) and the Montgomery GI

Bill—Selected Reserve program (38 CFR

part 21, subpart L).

The National Defense Authorization

Act for Fiscal Year 1996 (Public Law

104–106) provides that the rate of the

educational assistance allowance may

be increased by an amount not

exceeding $350 per month for certain

persons. To be eligible a person must

qualify for educational assistance

payable under the Montgomery GI Bill—

Active Duty through at least three years

active duty service and must also agree

to serve at least 6 years in the Selected

Reserve, or the person must qualify for

educational assistance payable under

the Montgomery GI Bill—Selected

Reserve. Also, to be eligible the person

must have a skill or specialty designated

by the Secretary of the appropriate

Department of the military as a skill or

specialty in which there is a critical

shortage of personnel or for which it is

difficult to recruit or, in the case of

critical units, to retain personnel. Public

Law 104–106 further provides that the

actual amounts of increase shall be

determined by the Secretary of Defense.

This document amends §§ 21.7136 and

21.7137 for the Montgomery GI Bill—

Active Duty and § 21.7636 for the

Montgomery GI Bill—Selected Reserve

to reflect these statutory amendments.

This document also amends

§§ 21.7131 and 21.7631 concerning

commencing dates to provide that the

effective date for an increase will be the

latest of: the date that would otherwise

be used for such educational assistance;

the first date on which the veteran or

reservist is entitled to the increase as

determined by the Secretary of the

military department concerned; or

February 10, 1996, the effective date of

Public Law 104–106. This document

further amends §§ 21.7135 and 21.7635

concerning discontinuance dates to add

a provision stating that if the veteran or

reservist loses entitlement to the

increase, the effective date for the

reduction in the monthly rate payable is

the date, as determined by the Secretary

of the military department concerned,

that the veteran or reservist is no longer

entitled to the increase. In addition, this

document makes amendments to

§§ 21.7139 and 21.7639 to clarify that

adjustments made for certain

incarcerated persons and for failure to

work sufficient hours of apprenticeship

and other on-job training are applicable

to such increases in payments, in the

same manner as they are to other

payments under the Montgomery GI

Bill—Active Duty or the Montgomery GI

Bill—Selected Reserve. These

amendments, in our view, are required

by statute.