Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations 67265

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph 34(h), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

In consideration of the foregoing, the

Coast Guard amends 33 CFR Part 100 as

follows:

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46; 33 CFR 100.35.

2. In § 100.721 revise paragraph (a)(2)

to read as follows:

§ 100.721 Charleston Christmas Parade of

Boats, Charleston Harbor, SC.

(a) * * *

(2) Parade Route. The parade will

organize in the Middle Ground, north of

Charleston South Channel. The parade

will proceed north along the west edge

of Commercial Anchorage A, entering

Rebellion Reach in the vicinity of

Charleston HBR N Chan LB 2 (Light List

Number 2505) at approximate position

32°46.3′N, 079°53.3′W, thence

proceeding up Folly Shutes, and Horse

Reach to approximately two-tenths of a

nautical mile north of USS Yorktown at

position 32°47.7′N, 079°54.7′W, thence

across Hog Island Reach near Charleston

Harbor N. Channel LB 11 (Light List

Number 2529) at approximate position

32°47.6′N, 079°55.1′W, entering Town

Creek Lower reach near Town Creek

Chan LB2 (Light List Number 2715) at

approximate position 32°47.7′N,

079°55.5′W thence south to 32°45.7′N,

079°55.3′W (approximately one half

nautical mile southeast of Battery

Point), thence up the Ashley River, and

continuing to the finishing point at City

Marina (32°46.6′N, 079°57.2′W). All

coordinates referenced use datum: NAD

1983.

* * * * *

Dated: October 27, 2000.

G.W. Sutton,

U.S. Coast Guard, Acting Commander,

Seventh Coast Guard District.

[FR Doc. 00–28535 Filed 11–8–00; 8:45 am]

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DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AJ90

Miscellaneous Montgomery GI Bill

Eligibility and Entitlement Issues

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

regulations concerning eligibility for

and entitlement to educational

assistance under the Montgomery GI

Bill—Active Duty (MGIB). The

regulations are amended to correctly

restate statutory provisions.

DATES: Effective Date: This final rule is

effective November 9, 2000.

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Education

Assistant Director for Policy and

Program Development (225), Veterans

Benefits Administration, Department of

Veterans Affairs, (202) 273–7187.

SUPPLEMENTARY INFORMATION: This

document makes changes to correctly

restate statutory provisions as discussed

below.

• Section 21.7020 is corrected to

show that VA will consider an initial

period of active duty of not more than

12 months that results in a hardship

discharge to be continuous with a

subsequent period of active duty.

• Section 21.7042 is revised to correct

the eligibility criteria an individual

must meet if that individual is

attempting to establish eligibility for

MGIB by serving two years on active

duty followed by four years in the

Selected Reserve. Such an individual is

exempt from serving those four years if

he or she was discharged from the

Selected Reserve for a condition that

interfered with the performance of duty

and which was not the result of his or

her own willful misconduct. That

individual does not have to meet the

otherwise applicable deadline for

obtaining a high school diploma if he or

she was on active duty on August 2,

1990, and completed the requirements

for the diploma or the equivalent before

October 29, 1994.

• Section 21.7044 is revised to correct

the eligibility criteria an individual

must meet if he or she was formerly

eligible for educational assistance under

the Vietnam Era GI Bill. That individual

does not have to meet the otherwise

applicable deadline for obtaining a high

school diploma if he or she was on

active duty on August 2, 1990, and

completed the requirements for the

diploma or the equivalent before

October 29, 1994.

• Section 21.7073 is revised to

expand the categories of individuals to

whom the provisions of the section for

deciding on the amount of an

individual’s entitlement apply. The

provisions apply to individuals who

between December 1, 1988, and June 30,

1989, withdrew an election not to enroll

in MGIB and were discharged from the

period of service they were obligated to

serve on December 1, 1988, for a

condition that interfered with the

performance of duty and which was not

the result of his or her own willful

misconduct.

Nonsubstantive changes also are made

for the purpose of clarity.

Changes made by this final rule

merely restate statutory language.

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 Veterans Affairs

hereby certifies 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

67266 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations

regulatory flexibility analyses

requirements of sections 603 and 604.

The Catalog of Federal Domestic

Assistance number for the program

affected by this final rule is 64.124.

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 care, Loan

programs-education, Loan programsveterans, Manpower training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: February 29, 2000.

Togo D. West, Jr.,

Secretary of Veterans Affairs.

Editorial Note: This document was

received in the Office of the Federal Register

on November 3, 2000.

For the reasons set out in the

preamble, 38 CFR part 21, subpart K, is

amended as follows:

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

1. The authority citation for part 21,

subpart K continues to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 36,

unless otherwise noted.

2. Section 21.7020 is amended by:

A. In paragraph (b)(6)(iv)(A),

removing the comma at the end of the

paragraph and adding, in its place, a

semi-colon.

B. Redesignating paragraphs

(b)(6)(iv)(B), (b)(6)(iv)(C), and

(b)(6)(iv)(D) as paragraphs (b)(6)(iv)(C),

(b)(6)(iv)(D), and (b)(6)(iv)(E),

respectively.

C. Adding a new paragraph

(b)(6)(iv)(B).

D. In newly redesignated paragraph

(b)(6)(iv)(C), removing the comma at the

end of the paragraph and adding, in its

place, a semi-colon.

E. In newly redesignated paragraph

(b)(6)(iv)(D), removing the comma

immediately after the word concerned

and adding, in its place, a semi-colon.

The addition reads as follows:

§ 21.7020 Definitions.

* * * * *

(b) * * *

(6) * * *

(iv) * * *

(B) For hardship;

* * * * *

3. Section § 21.7042 is amended by:

A. Revising paragraph (b)(2)

introductory text.

B. In paragraph (b)(7)(ii)(A), removing

‘‘disability, or’’ and adding, in its place,

‘‘disability;’’.

C. In paragraph (b)(7)(ii)(B), removing

‘‘connected.’’ and adding, in its place,

‘‘connected; or’’.

D. Adding paragraph (b)(7)(ii)(C)

immediately after paragraph (b)(7)(ii)(B).

E. Adding a new paragraph (b)(10)

immediately after the authority citation

at the end of paragraph (b)(9).

The revision and additions read as

follows:

§ 21.7042 Basic eligibility requirements.

* * * * *

(b) * * *

(2) Except as provided in paragraph

(b)(10) of this section, the individual

before completing the service

requirements of this paragraph must

either—

* * * * *

(7) * * *

(ii) * * *

(C) For a physical or mental condition

that was not characterized as a disability

and did not result from the individual’s

own willful misconduct but did

interfere with the individual’s

performance of duty, as determined by

the Secretary of each military

department in accordance with

regulations prescribed by the Secretary

of Defense or by the Secretary of

Transportation with respect to the Coast

Guard when it is not operating as a

service in the Navy.

(Authority: 38 U.S.C. 3012(b)(1)(B)(i))

* * * * *

(10) An individual who does not meet

the requirements of paragraph (b)(2) of

this section nevertheless is eligible for

basic educational assistance if he or

she—

(i) Was on active duty on August 2,

1990; and

(ii) Completed the requirements of a

secondary school diploma (or an

equivalency certificate) before October

29, 1994.

(Authority: 38 U.S.C. 3012)

* * * * *

4. Section § 21.7044 is amended by:

A. Revising paragraph (b)(3)

introductory text.

B. Adding paragraph (b)(13)

immediately after the authority citation

at the end of paragraph (b)(12).

C. In paragraph (c), removing

‘‘paragraph (e)’’ and adding, in its place,

‘‘paragraph (d)’’.

D. In paragraph (d), removing

‘‘paragraph (d)’’ and adding, in its place

‘‘paragraph (c)’’.

The revision and addition read as

follows:

§ 21.7044 Persons with eligibility under 38

U.S.C. chapter 34.

* * * * *

(b) * * *

(3) Except as provided in paragraph

(b)(13) of this section, the individual

must either—

* * * * *

(13) An individual who does not meet

the requirements of paragraph (b)(3) of

this section nevertheless is eligible for

basic educational assistance if he or

she—

(i) Was on active duty on August 2,

1990; and

(ii) Completed the requirements of a

secondary school diploma (or an

equivalency certificate) before October

29, 1994.

(Authority: 38 U.S.C. 3012)

* * * * *

5. Section § 21.7073 is amended by:

A. In paragraph (a)(1)(iii),

introductory text removing ‘‘to service

on’’, and adding, in its place, ‘‘to serve

on’’.

B. Redesignating paragraphs

(a)(1)(iii)(B) and (a)(1)(iii)(C) as

paragraphs (a)(1)(iii)(C) and

(a)(1)(iii)(D), respectively.

C. Adding a new paragraph

(a)(1)(iii)(B).

D. Revising the authority citation

following newly redesignated paragraph

(a)(1)(iii)(D).

The revision and addition read as

follows:

§ 21.7073 Entitlement for some individuals

who establish eligibility during the open

period or who establish eligibility before

involuntary separation.

(a) * * *

(1) * * *

(iii) * * *

(B) For a physical or mental condition

that was not characterized as a disability

and did not result from the individual’s

own willful misconduct but did

interfere with the individual’s

performance of duty, as determined by

the Secretary of each military

department in accordance with

regulations prescribed by the Secretary

of Defense or by the Secretary of

Transportation with respect to the Coast

Guard when it is not operating as a

service in the Navy.

* * * * *

(Authority: 38 U.S.C. 3018(b)(3))

[FR Doc. 00–28702 Filed 11–8–00; 8:45 am]

BILLING CODE 8320–01–P