Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66277

(41 FR 25059), 9–83 (48 FR 35736), 1–90 (55

FR 9033), or 6–96 (62 FR 111), as applicable;

and 29 CFR Part 1911.

* * * * *

2. A note is added after paragraph (o)

of § 1910.1052 to read as follows:

§ 1910.1052 Methylene Chloride.

* * * * *

[Note to paragraph (o): The requirement of

29 CFR 1910.1052(g)(1) to use respiratory

protection whenever an employee’s exposure

to methylene chloride exceeds or can

reasonably be expected to exceed the 8-hour

TWA PEL is hereby stayed until August 31,

1998 for employers engaged in polyurethane

foam manufacturing; foam fabrication;

furniture refinishing; general aviation aircraft

stripping; formulation of products containing

methylene chloride; boat building and repair;

recreational vehicle manufacture; van

conversion; upholstery; and use of methylene

chloride in construction work for restoration

and preservation of buildings, painting and

paint removal, cabinet making and/or floor

refinishing and resurfacing.

The requirement of 29 CFR 1910.1052(f)(1)

to implement engineering controls to achieve

the 8-hour TWA PEL and STEL is hereby

stayed until December 10, 1998 for

employers with more than 100 employees

engaged in polyurethane foam manufacturing

and for employers with more than 20

employees engaged in foam fabrication;

furniture refinishing; general aviation aircraft

stripping; formulation of products containing

methylene chloride; boat building and repair;

recreational vehicle manufacture; van

conversion; upholstery; and use of methylene

chloride in construction work for restoration

and preservation of buildings, painting and

paint removal, cabinet making and/or floor

refinishing and resurfacing.]

[FR Doc. 97–33027 Filed 12–17–97; 8:45 am]

BILLING CODE 4510–26–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI89

Reservists’ Education: Increase in

Rates Payable Under the Montgomery

GI Bill—Selected Reserve

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Final rule.

SUMMARY: By statute, the monthly rates

of basic educational assistance payable

to reservists under the Montgomery GI

Bill—Selected Reserve 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—Selected Reserve

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

December 18, 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, Department of Veterans

Affairs (202) 273–7187.

SUPPLEMENTARY INFORMATION: Under the

formula mandated by 10 U.S.C. 16131(b)

for fiscal year 1998, the rates of basic

educational assistance under the

Montgomery GI Bill—Selected Reserve

payable to students pursuing a program

of education full time, three-quarter

time, and half time must be increased by

2.8%, which is the percentage by which

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.

10 U.S.C. 16131(b) requires that fulltime, three-quarter time, and half-time

rates be increased as noted above. In

addition, 10 U.S.C. 16131(d) requires

that monthly rates payable to reservists

in apprenticeship or other on-the-job

training must be set at a given

percentage of the full-time rate. Hence,

there is a 2.8% raise for such training as

well.

10 U.S.C. 16131(b) also requires that

the Department of Veterans Affairs (VA)

pay reservists training less than half

time at an appropriately reduced rate.

Since payment for less than half-time

training became available under the

Montgomery GI Bill—Selected Reserve

in fiscal year 1990, VA has paid less

than half-time students at 25% 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,

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 Secretary of Defense, the

Commandant of the Coast Guard, and

the Acting Secretary of Veterans Affairs

hereby certify 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. This

final rule directly affects only

individuals and does not directly affect

small entities. 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.

There is no Catalog of Federal

Domestic Assistance number for the

program affected by this final 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, 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.

Approved: November 7, 1997.

Al H. Bemis,

Deputy Assistant Secretary for Defense for

Reserve Affairs (Manpower and Personnel).

Approved: Novmeber 25, 1997.

G.F. Woolever,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Human Resources.

For the reasons set out above, 38 CFR

part 21, subpart L, is amended as set

forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart L—Educational Assistance for

Members of the Selected Reserve

1. The authority citation for part 21,

subpart L, continues to read as follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501(a), ch. 36, unless otherwise noted.
66278 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

2. In 21.7636, paragraphs (a)(1),

(a)(2)(i), and (a)(3) are revised to read as

follows:

§ 21.7636 Rates of payment.

(a) Monthly rate of educational

assistance. (1) Except as otherwise

provided in this section or in § 21.7639,

the monthly rate of educational

assistance payable to a reservist is the

amount stated in this table:

Period of pursuit of training

Training time

Full-time 3⁄4 time 1⁄2 time 1⁄4 time

Oct. 1, 1996-Sept. 30, 1997 ............................................................................................. $203.24 $152.43 $101.62 $50.81

On or after Oct. 1, 1997 ................................................................................................... 208.93 156.70 104.47 52.23

(2) * * * (i)

Training period

Monthly rate

Oct. 1,

1996—Sept.

30, 1997

On or after

Oct. 1, 1997

First six months of pursuit of training .............................................................................................................................. $152.43 $156.70

Second six months of pursuit of training ......................................................................................................................... 111.78 114.91

Remaining pursuit of training ........................................................................................................................................... 71.13 73.13

* * * * *

(3) The monthly rate of educational

assistance payable to a reservist for

pursuit of a cooperative course during

the period beginning on October 9,

1996, and ending on September 30,

1997, is $203.24. The monthly rate of

educational assistance payable to a

reservist for pursuit of a cooperative

course on or after October 1, 1997, will

be the rate stated in paragraph (a)(1) of

this section.

* * * * *

[FR Doc. 97–32988 Filed 12–17–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 9, 72, 73, 74, 75, 77, and

78

[FRL–5936–3]

RIN 2060–AF43

Acid Rain Program: Revisions to

Permits, Allowance System, Sulfur

Dioxide Opt-Ins, Continuous Emission

Monitoring, Excess Emissions, and

Appeal Procedures

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: Title IV of the Clean Air Act

authorizes the Environmental Protection

Agency (EPA or the Agency) to establish

the Acid Rain Program. The purposes of

the Acid Rain Program is to significantly

reduce emissions of sulfur dioxides and

nitrogen oxides from utility electric

generating plants in order to reduce the

adverse health and ecological impacts of

acidic deposition (or acid rain) resulting

from such emissions. On January 11 and

March 23, 1993, the Agency

promulgated final rules governing

permitting, the allowance system,

continuous emissions monitoring,

excess emissions, and appeal

procedures. On October 24, 1997, EPA

published final revisions to those rules.

This action corrects certain inadvertent,

drafting errors in the October 24, 1997

document.

EFFECTIVE DATE: December 18, 1997.

FOR FURTHER INFORMATION CONTACT:

Dwight C. Alpern, attorney-advisor, at

(202) 564–9151 (U.S. Environmental

Protection Agency, 401 M Street, SW,

Acid Rain Division (6204J), Washington

DC 20460); or the Acid Rain Hotline at

(202) 564–9620.

SUPPLEMENTARY INFORMATION: On

October 24, 1997 (62 FR 55460 (1997)),

EPA promulgated final revisions to the

permits, allowance system, sulfur

dioxide opt-ins, continuous emission

monitoring, excess emissions, and

appeal procedures rules. Subsequently,

EPA identified certain inadvertent,

drafting errors in the October 24, 1997

document. While the errors may cause

some confusion, they do not alter the

substance of the rule revisions. Today’s

action corrects those errors.

The October 24, 1997 final rule, EPA

revised the procedures for fast-track

modifications of Acid Rain permits. In

particular, § 72.82(d) was revised to

provide State permitting authorities 90

days after the close of the 30-day

comment period (or a total of 120 days)

for acting on a requested fast-track

modification. 62 FR 55485; see also 61

FR 68340, 68377 (1996) (proposed rule

revisions). The October 24, 1997

preamble erroneously stated that

proposed rule revisions (promulgated

on December 27, 1996) and the final

rule revisions gave State permitting

authorities only 60 days after the

comment period (or a total of 90 days).

Today’s action corrects the preamble

language to make it consistent with the

rule language.

The other corrections made by today’s

action involve minor corrections to

ensure that revised language for certain

rule provisions is correctly incorporated

into those provisions. For example, the

October 24, 1997 document removed

certain words in § 78.4(c)(1) and

replaced them with new language. In so

doing, the October 24, 1997 document

failed to state all of the words that are

to be removed. This is corrected by

today’s action.

For the reasons discussed above, this

action is not a ‘‘significant regulatory

action’’ and is therefore not subject to

review by the Office of Management and

Budget under Executive Order 12866

(58 FR 51735 (1993)). For the same

reasons, this action does not impose

annual costs of $100 million or more,

will not significantly or uniquely affect

small governments, and is not a

significant federal intergovernmental

mandate. With regard to this action, the

Agency thus has no obligations under

sections 202, 203, 204, and 205 of the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4). Moreover, since this

action is not subject to notice-andcomment requirements under the

Administrative Procedure Act or any

other statute, the action is not subject to