5784 Federal Register / Vol. 65, No. 25 / Monday, February 7, 2000 / Rules and Regulations

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, this rule meets the applicable

standards of subsections (a) and (b) of

that section. However, these standards

are not applicable to the actual language

of State regulatory programs and

program amendments since each such

program is drafted and promulgated by

a specific State, not by OSM. Under

sections 503 and 505 of SMCRA (30

U.S.C. 1253 and 1255) and 30 CFR

730.11, 732.15 and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA [30 U.S.C. 1292(d)]

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 946

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 13, 2000.

Tim L. Dieringer,

Acting Regional Director, Appalachian

Regional Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 946—VIRGINIA

1. The authority citation for Part 946

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 946.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 946.15 Approval of Virginia regulatory

program amendments.

* * * * *

Original amendment submission date Date of final publication Citation/description

*******

November 24, 1998 .......................................... February 7, 2000 .............................................. Policy clarification for implementing 4 VAC

25–130–816/817.76.

[FR Doc. 00–2641 Filed 2–4–00; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[GGD08–99–068]

Drawbridge Operating Regulation;

Inner Harbor Navigation Canal, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Eighth

Coast Guard District, has issued a

temporary deviation from the regulation

governing the operation of the Norfolk

Southern Railroad bascule span

drawbridge across the Inner Harbor

Navigation Canal, mile 4.5, at New

Orleans, Orleans Parish, Louisiana. This

deviation allows the Port of New

Orleans to close the bridge to navigation

daily from 7 a.m. until noon and from

1 p.m. until 6 p.m. from Monday, March

6, 2000 through Wednesday, April 19,

2000. This temporary deviation was

issued to allow for the repair of the

damaged fender system. The draw will

open at any time for a vessel in distress.

Presently, the draw opens on signal at

all times.

DATES: This deviation is effective from

7 a.m. on Monday, March 6, 2000

through 6 p.m. on Wednesday, April 19,

2000.

ADDRESSES: Unless otherwise indicated,

documents referred to in this notice are

available for inspection or copying at

the office of the Eighth Coast Guard

District, Bridge Administration Branch,

Commander (ob), Eighth Coast Guard

District, 501 Magazine Street, New

Orleans, Louisiana, 70130–3396. The

Bridge Administration Branch of the

Eighth Coast Guard District maintains

the public docket for this temporary

deviation.

FOR FURTHER INFORMATION CONTACT: Phil

Johnson, Bridge Administration Branch,

telephone (504) 589–2965.

SUPPLEMENTARY INFORMATION: The

Norfolk Southern Railroad bascule span

drawbridge across the Inner Harbor

Navigation Canal in New Orleans,

Louisiana, has a vertical clearance of

one foot above mean high water in the

closed-to-navigation position and

unlimited clearance in the open-tonavigation position. Navigation on the

waterway consists of tugs with tows,

fishing vessels, sailing vessels,and other

recreational craft. The Port of New

Orleans requested a temporary deviation

from the normal operation of the

drawbridge in order to accommodate the

maintenance work, involving removal

and replacement of the portions of the

fender system.

This deviation allows the draw of the

Norfolk Southern Railroad bascule span

drawbridge across the Inner Harbor

Federal Register / Vol. 65, No. 25 / Monday, February 7, 2000 / Rules and Regulations 5785

Navigation Canal, mile 4.5, at New

Orleans, Orleans Parish, Louisiana to

remain closed to navigation daily from

7 a.m. until noon and from 1 p.m. until

6 p.m. from Monday, March 6, 2000

through Wednesday, April 19, 2000.

The draw shall open on signal at any

time for a vessel in distress.

Dated: January 12, 2000.

Paul J. Pluta,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 00–2678 Filed 2–4–00; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR PART 21

RIN 2900–AI63

Eligibility Criteria for the Montgomery

GI Bill—Active Duty and Other

Miscellaneous Issues

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

benefit regulations of the Department of

Veterans Affairs (VA). The amendments

reflect statutory changes which set forth

new eligibility criteria that will allow

additional individuals to establish

eligibility for educational assistance

under the Montgomery GI Bill—Active

Duty (MGIB); and also reflect statutory

provisions concerning the approval of

courses leading to alternative teacher

certification. This document also makes

changes for the purpose of clarification.

DATES: Effective date: February 7, 2000.

Dates of application:

October 1, 1996: 38 CFR

21.7020(b)(1); new § 21.7042(f)(3);

and newly redesignated

§ 21.7042(f)(4).

October 9, 1996: §§ 21.4135(b);

21.5021(d)(3); 21.5058(b);

21.5130(d); 21.7020(b)(29); all

changes to § 21.7042 except new

§ 21.7042(f)(3) and newly

redesignated § 21.7042(f)(4);

§§ 21.7045; 21.7050; 21.7131;

21.7520(b); and 21.7635.

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Education

Advisor, Education Service, Veterans

Benefits Administration, Department of

Veterans Affairs, 202–273–7187.

SUPPLEMENTARY INFORMATION: In the

Federal Register of November 12, 1998

(63 FR 63253), the Department of

Defense (DOD), the Department of

Transportation (Coast Guard), and the

Department of Veterans Affairs (VA)

proposed amending subparts D, G, K,

and L of 38 CFR part 21, as set forth in

the SUMMARY portion of this

document.

DOD, the Department of

Transportation (Coast Guard), and VA

gave interested persons 60 days to

submit comments. VA received one

letter from a service organization. The

organization noted that the amendments

would be beneficial for veterans and

concurred in them.

Based on the rationale stated in this

document and the proposed rule, we are

adopting the provisions of the proposed

rule as a final rule without change

except to the authority citations for

subparts D, G, and L.

DOD is issuing this final rule jointly

with VA insofar as it relates to VEAP.

DOD funds this program and VA

administers it. DOD, the Department of

Transportation (Coast Guard), and VA

are jointly issuing this final rule insofar

as it relates to the Montgomery GI Bill—

Selected Reserve. DOD and the Coast

Guard fund this program, and VA

administers it. The remainder of this

final rule is issued solely by VA.

Administrative Procedure Act

Under 5 U.S.C. 553, there is a basis for

dispensing with a 30-day delay of the

effective date since the changes made by

this final rule are restatements of

statute, interpretive rules, and

nonsubstantive changes for the purpose

of clarity.

Paperwork Reduction Act

The Office of Management and Budget

(OMB) has approved the information

collection and recordkeeping

requirements associated with this final

rule concerning 38 CFR 21.7131(l) and

(m) under the provisions of the

Paperwork Reduction Act (44 U.S.C.

3501–3520). The proposed rule

provided an opportunity to comment to

OMB and VA on those requirements,

but no comments were received on

them. OMB has assigned OMB control

number 2900–0607 to those information

collection and recordkeeping

requirements. Under the collection of

information provisions in § 21.7131(l)

and (m), a veteran may be required to

submit evidence to show that the

veteran’s election to receive educational

assistance under the MGIB was a valid

one, and the date of VA’s receipt of the

evidence may have an effect on the

effective date of an award of educational

assistance.

OMB assigns a control number to each

collection of information it approves.

VA may not conduct or sponsor, and a

person is not required to respond to, a

collection of information unless it

displays a currently valid OMB control

number. We are displaying the OMB

control number assigned to the

collection of information in this final

rule at the end of § 21.7131.

Executive Order 12866

This final rule has been reviewed by

the Office of Management and Budget

under Executive Order 12866.

Regulatory Flexibility Act

The Secretary of Defense,

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 will not cause educational

institutions to make changes in their

activities and has minuscule monetary

effects, if any. 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.

The Catalog of Federal Domestic

Assistance numbers for programs that

this final rule affects are 64.117, 64.120,

and 64.124. This final rule also affects

the Montgomery GI Bill—Selected

Reserve program, which has no Catalog

of Federal Domestic Assistance number.

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, Loan programseducation, Loan programs-veterans,

Manpower training programs, Reporting

and recordkeeping requirements,

Schools, Travel and transportation

expenses, Veterans, Vocational

education, Vocational rehabilitation.