Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations 59127

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AJ88

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 2000 (October 1, 1999,

through September 30, 2000) are

changed to show a 1.6% increase in

these rates.

DATES:

Effective Date: October 4, 2000.

Applicability Date: 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:

William G. Susling, Jr., Assistant

Director for Policy and Program

Development, Education Service,

Veterans Benefits Administration (202)

273–7187.

SUPPLEMENTARY INFORMATION: Under the

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

for fiscal year 2000, 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

1.6%, which is the percentage by which

the total of the monthly Consumer Price

Index-W for July 1, 1998, through June

30, 1999, exceeds the total of the

monthly Consumer Price Index-W for

July 1, 1997, through June 30, 1998.

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 1.6% 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 from October 1, 1999, 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 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.

Executive Order 12866

The Office of Management and Budget

has reviewed this final rule under

Executive Order 12866.

Unfunded Mandates

The Unfunded Mandates Reform Act

requires (in section 202) that agencies

prepare an assessment of anticipated

costs and benefits before developing any

rule that may result in an expenditure

by State, local, or tribal governments, in

the aggregate, or by the private sector of

$100 million or more in any given year.

This rule would have no consequential

effect on State, local, or tribal

governments.

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: March 24, 2000.

Togo D. West, Jr.,

Secretary of Veterans Affairs.

Approved: April 28, 2000.

Charles L. Cragin,

Principal Deputy Assistant Secretary of

Defense for Reserve Affairs.

Approved: April 25, 2000

F.L. Ames,

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.

2. Section 21.7636 is amended by:

A. In paragraph (a)(3), removing

‘‘September 30, 1998’’ and adding, in its

place, ‘‘September 30, 1999’’; and

removing ‘‘October 1, 1999’’ and adding,

in its place, ‘‘October 1, 2000’’.

B. Revising paragraph (a)(1), (a)(2)

introductory text, and (a)(2)(i).

§ 21.7636 Rates of payment.

(a) * * *

(1) Except as otherwise provided in

this section or in * 21.7639, the monthly

rate of basic educational assistance

payable for training that occurs after

September 30, 1999, and before October

1, 2000, to a reservist pursuing a

program of education is the amount

stated in this table:

Training Monthly

rate

Full time ........................................ $255.00

3⁄4 time .......................................... 191.00 1⁄2 time .......................................... 127.00 1⁄4 time .......................................... 63.75

59128 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations

(2) The monthly rate of basic

educational assistance payable to a

reservist for apprenticeship or other onthe-job training full time that occurs

after September 30, 1999, and before

October 1, 2000, is the rate stated in this

table:

Training period Monthly

rate

First six months of pursuit of training ............................................. $191.25

Second six months of pursuit of

training ...................................... 140.25

Remaining pursuit of training ....... 89.25

* * * * *

[FR Doc. 00–25488 Filed 10–3–00; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[WA–71–7146a; FRL–6879–6]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes: Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection

Agency (EPA) approves the Thurston

County, Washington PM–10 area

maintenance plan and redesignation

request from nonattainment to

attainment as revisions to the

Washington State Implementation Plan.

PM–10 air pollution is suspended

particulate matter with a diameter less

than or equal to a nominal ten

micrometers.

DATES: This direct final rule is effective

on December 4, 2000 without further

notice, unless EPA receives adverse

comment by November 3, 2000. If

adverse comment is received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule will

not take effect.

ADDRESSES: Written comments should

be addressed to: Debra Suzuki, EPA,

Office of Air Quality (OAQ–107), 1200

Sixth Avenue, Seattle, Washington

98101.

Copies of the State’s request and other

information supporting this action are

available for inspection during normal

business hours at the following

locations: EPA, Office of Air Quality

(OAQ–107), 1200 Sixth Avenue, Seattle,

Washington 98101, and State of

Washington Department of Ecology, 300

Desmond Drive, PO Box 47600,

Olympia, Washington 98504–7600.

FOR FURTHER INFORMATION CONTACT:

Scott Downey, Office of Air Quality

(OAQ–107), EPA, Seattle, Washington,

(206) 553–0682.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of Action

II. Supplementary Information

1. What is the purpose of this rulemaking?

2. What is a State Implementation Plan?

3. What National Ambient Air Quality

Standards are considered in today’s

rulemaking?

4. What are the characteristics of the

Thurston County airshed?

5. What is the background information for

this action?

6. What criteria did EPA use to review the

Thurston County PM–10 redesignation

request and maintenance plan?

7. How does the State show that the

Thurston County area has attained the

PM–10 National Ambient Air Quality

Standard?

Table 1: Mt View PM–10 Data (24 hr.

average μg/m3)

8. Does the Thurston County

nonattainment area have a fully

approved attainment plan SIP?

9. Are the improvements in air quality

permanent and enforceable?

10. Has the State met all the section 110

and part D planning requirements

applicable to this nonattainment area?

11. How does the State meet section 110

requirements?

12. How does the State meet part D

requirements?

13. How does the State meet the section

172(c) plan provisions requirements?

14. How does the State meet subpart 4

requirements?

15. Has the State submitted a fully

approvable maintenance plan for the

Thurston County PM–10 area?

16. How has the State met the attainment

inventory requirement?

17. How does the State demonstrate

maintenance of the PM–10 standard in

the future?

18. How will the State monitor air quality

to verify continued attainment?

19. What contingency plan will the State

rely upon to correct any future violation

of the NAAQS?

20. How does this action affect

Transportation Conformity?

21. What is the motor vehicle emissions

budget for Thurston County?

22. In summary, what conclusion has EPA

reached and what is it doing in this

action?

III. Final Action

IV. Administrative Review

I. Summary of Action

Environmental Protection Agency

(EPA) approves the Thurston County

PM–10 area maintenance plan and

redesignation request from

nonattainment to attainment as

revisions to the Washington State

Implementation Plan.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

submittal and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should adverse comments be filed. This

rule will be effective December 4, 2000,

without further notice unless the

Agency receives adverse comments by

November 3, 2000.

If the EPA receives adverse

comments, then EPA will publish a

Federal Register document withdrawing

the final rule and informing the public

that the rule will not take effect. All

public comments received will then be

addressed in a subsequent final rule

based on the proposed rule. The EPA

will not institute a second comment

period. Parties interested in

commenting should do so at this time.

If no such comments are received, the

public is advised that this rule will be

effective on December 4, 2000, and no

further action will be taken on the

proposed rule.

II. Supplementary Information

1. What Is the Purpose of This

Rulemaking?

Today’s rulemaking announces two

actions being taken by EPA related to air

quality in the State of Washington.

These actions are taken at the request of

the Governor of Washington in response

to Clean Air Act (Act) requirements and

EPA regulations.

First, EPA approves the PM–10

maintenance plan for the Thurston

County nonattainment area and

incorporates this plan into the

Washington State Implementation Plan

(SIP).

Second, EPA redesignates Thurston

County from nonattainment to

attainment for PM–10. This

redesignation is based on validated

monitoring data and projections of

ambient concentrations made in the

maintenance plan’s demonstration. EPA

believes the area will continue to meet

the National Ambient Air Quality

Standards for PM–10 for at least ten

years beyond this redesignation, as

required by the Act.

2. What Is a State Implementation Plan?

The Clean Air Act requires States to

keep ambient concentrations of specific

air pollutants below certain thresholds

to provide an adequate margin of safety