Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Rules and Regulations 76937

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 (32)(e), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Temporary Regulations for the

reasons discussed in the preamble, the

Coast Guard amends 33 CFR part 117 as

follows:

PART 117—[AMENDED]

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Suspend existing temporary

§ 117.261(rr) from November 21, 2000,

through February 28, 2001.

3. From November 21, 2000, through

February 28, 2001, in § 117.261, a new

paragraph (vv) is temporarily added to

read as follows:

§ 117.261 Atlantic Intracoastal Waterway

from St. Marys River to Key Largo.

* * * * *

(vv) West 79th Street Causeway

Drawbridge, mile 1084.6, Miami,

Florida. The draw need open only on

the hour and half-hour, Monday through

Saturday, from 7 a.m. to 6:30 p.m.,

beginning November 21, 2000, through

February 28, 2001, except the draw may

remain closed from 7:30 a.m to 9:30 a.m.

and 4:30 p.m. to 6:30 p.m., Monday

through Friday. The draw will open on

demand during all other periods

including federal holidays and Sundays.

Dated: November 21, 2000.

T.W. Allen,

U.S. Coast Guard, Commander, Seventh Coast

Guard District.

[FR Doc. 00–31095 Filed 12–7–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AJ49

Outer Burial Receptacles

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: By statute the Department of

Veterans Affairs (VA) is authorized to

provide a monetary allowance for each

new burial in a VA national cemetery

where a privately-purchased outer

burial receptacle is used in lieu of a

government-furnished graveliner. This

document establishes a mechanism for

implementing these provisions.

DATES: Effective Date: This final rule is

effective December 8, 2000.

Applicability Date: The provisions of

Public Law 104–275 were enacted on

October 9, 1996, and the provisions of

this regulation shall be retroactive to

this date.

FOR FURTHER INFORMATION CONTACT:

Deanna Wilson, Program Analyst,

Communications Management Service

(402B1), National Cemetery

Administration, Department of Veterans

Affairs, 810 Vermont Avenue, NW.,

Washington, DC 20420. Telephone:

202–273–5154 (this is not a toll-free

number).

SUPPLEMENTARY INFORMATION: In a

document published in the Federal

Register on April 18, 2000 (65 FR

20787), we proposed to establish a

mechanism for providing a monetary

allowance for each new burial in a VA

national cemetery where a privatelypurchased outer burial receptacle is

used in lieu of a government-furnished

graveliner.

We provided a 60-day comment

period that ended June 19, 2000. We

received 20 comments. All were in favor

of the proposed rule.

Based on the rationale set forth in the

proposed rule and this document, we

are adopting the provisions of the

proposed rule as a final rule without

change.

Regulatory Flexibility Act

The Secretary certifies that this 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. The rule will not affect the sale of

outer burial receptacles. Further, the

basic provisions of the rule reflect

statutory requirements. Accordingly,

pursuant to 5 U.S.C. 605(b), the rule is

exempt from the initial and final

regulatory flexibility analyses

requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

Number for programs affected by this

regulation is 64.201.

List of Subjects in 38 CFR Part 1

Administrative practice and

procedure, Archives and records,

Cemeteries, Claims, Courts, Flags,

Freedom of information, Government

contracts, Government employees,

Government property, Infants and

children, Inventions and patents,

Investigations, Parking, Penalties, Postal

Service, Privacy, Reporting and

recordkeeping requirements, Seals and

insignia, Security measures, wages.

Approved: October 31, 2000.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 1 is amended as

follows:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. Section 1.629 is added to read as

follows:

§ 1.629 Monetary allowance in lieu of a

Government-furnished outer burial

receptacle.

(a) Definitions—Outer burial

receptacle. For purposes of this section,

an outer burial receptacle means a

graveliner, burial vault, or other similar

type of container for a casket.

(b) Purpose. This section provides for

payment of a monetary allowance for an

outer burial receptacle for any interment

in a VA national cemetery where a

privately-purchased outer burial

receptacle has been used in lieu of a

Government-furnished graveliner.

(c) Second interments. In burials

where a casket already exists in a grave

with or without a graveliner, placement

of a second casket in an outer burial

receptacle will not be permitted in the

same grave unless the national cemetery

director determines that the already

interred casket will not be damaged.

(d) Payment of monetary allowance.

VA will pay a monetary allowance for

each burial in a VA national cemetery

where a privately-purchased outer

burial receptacle was used on and after

October 9, 1996. For burials on and after

January 1, 2000, the person identified in

records contained in the National

Cemetery Administration Burial

Operations Support System as the

person who privately purchased the

outer burial receptacle will be paid the

monetary allowance. For burials during

the period October 9, 1996 through

December 31, 1999, the allowance will

be paid to the person identified as the

next of kin in records contained in the

National Cemetery Administration

Burial Operations Support System based

on the presumption that such person

privately purchased the outer burial

receptacle (however, if a person who is

76938 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Rules and Regulations

not listed as the next of kin provides

evidence that he or she privately

purchased the outer burial receptacle,

the allowance will be paid instead to

that person). No application is required

to receive payment of a monetary

allowance.

(e) Amount of the allowance. (1) For

calendar year 2000 and each calendar

year thereafter, the allowance will be

the average cost, as determined by VA,

of Government-furnished graveliners,

less the administrative costs incurred by

VA in processing and paying the

allowance.

(i) The average cost of Governmentfurnished graveliners will be based

upon the actual average cost to the

Government of such graveliners during

the most recent fiscal year ending prior

to the start of the calendar year for

which the amount of the allowance will

be used. This average cost will be

determined by taking VA’s total cost

during that fiscal year for single-depth

graveliners which were procured for

placement at the time of interment and

dividing it by the total number of such

graveliners procured by VA during that

fiscal year. The calculation shall

exclude both graveliners procured and

pre-placed in gravesites as part of

cemetery gravesite development projects

and all double-depth graveliners.

(ii) The administrative costs incurred

by VA will consist of those costs that

relate to processing and paying an

allowance, as determined by VA, for the

calendar year ending prior to the start of

the calendar year for which the amount

of the allowance will be used.

(2) For calendar year 2000 and each

calendar year thereafter, the amount of

the allowance for each calendar year

will be published in the ‘‘Notices’’

section of the Federal Register. The

Federal Register Notice will also

provide, as information, the determined

average cost of Government-furnished

graveliners and the determined amount

of the administrative costs to be

deducted.

(3) The published allowance amount

for interments which occur during

calendar year 2000 will also be used for

payment of any allowances for

interments which occurred during the

period from October 9, 1996 through

December 31, 1999.

(Authority: 38 U.S.C. 2306(d)).

[FR Doc. 00–31289 Filed 12–7–00; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AL–054–200027(a); FRL–6910–6]

Approval and Promulgation of

Implementation Plans: Revision to the

Alabama Department of Environmental

Management (ADEM) Administrative

Code for the Air Pollution Control

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving

revisions to the Alabama Department of

Environmental Management’s (ADEM)

Administrative Code submitted on

August 10, 2000, by the State of

Alabama. The revisions comply with the

regulations set forth in the Clean Air Act

(CAA). Included in this document are

revisions to clarify the definition of

‘‘New Source,’’ delete outdated rule

335–3–4–.08(4), revise rule 335–3–14–

.05(2)(i) to be consistent with the

Federal requirements for the Review of

New Sources and Modifications, and

change the numbering system to comply

with the Alabama Administrative

Procedures Act.

DATES: This direct final rule is effective

February 6, 2001, without further

notice, unless EPA receives adverse

comment by January 8, 2001. 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: All comments should be

addressed to: Sean Lakeman at the EPA,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Copies of documents relative to this

action are available at the following

addresses for inspection during normal

business hours:

Air and Radiation Docket and

Information Center (Air Docket

6102), U.S. Environmental

Protection Agency, 401 M Street,

SW., Washington, DC 20460.

Environmental Protection Agency,

Region 4, Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303–8960.

Alabama Department of Environmental

Management, 400 Coliseum

Boulevard, Montgomery, Alabama

36110–2059.

FOR FURTHER INFORMATION CONTACT:

Sean Lakeman, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides and Toxics Management

Division, Region 4, Environmental

Protection Agency, Atlanta Federal

Center, 61 Forsyth Street, SW, Atlanta,

Georgia 30303. The telephone number is

(404)562–9043. Mr. Lakeman can also

be reached via electronic mail at

lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Analysis of State’s Submittal

On August 10, 2000, the State of

Alabama through ADEM submitted

revisions to chapters 335–3–1, 2, 3, 4, 5,

6, 9, 12, 14, 15, and 16. In chapter 335–

3–1 the definition of ‘‘New Source’’ is

being clarified to indicate that it is not

applicable to the definitions of new

source in chapters 335–3–10 Standards

of Performance for New Stationary

Sources and chapter 11 National

Emission Standard for Hazardous Air

Pollutants, which are not part of the

federally enforceable state

implementation plan (SIP).

ADEM combined rule 335–3–5–.03(5)

and 335–3–5–.03(6) to be consistent

with Alabama Administrative

Procedures Act, and revised rule 335–3–

14–.05(2)(i) to be consistent with 40

CFR 51, subpart I. ADEM deleted rule

335–3–4–.08(4) pertaining to emissions

from wood waste boilers at pulp mills

in Autauga County. International Paper

(formally Union Camp) operates the

only pulp mill in Autauga County

which has been upgraded and no longer

requires a bubble. The Union Camp

boilers are subject to other emission

limits in the federally approved SIP.

ADEM revised the numbering system

in chapters 335–3–1, 2, 3, 4, 5, 6, 9, 12,

14, 15, and 16 to comply with

numbering system required by the

Legislative Reference Service under

Alabama Administrative Procedures

Act.

II. Final Action

EPA is approving the aforementioned

change to the State of Alabama’s SIP

because they are consistent with the

CAA and EPA policy. The EPA is

publishing this rule without a 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 if adverse

comments are filed. This rule will be

effective February 6, 2001, without

further notice unless the Agency

receives adverse comments by January

8, 2001.

If the EPA receives such comments,

then EPA will publish a document