34250 Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules and Regulations 

70.82 also issued under Atomic Energy Act 

sec. 108 (42 U.S.C. 2138). 

■ 22. In § 70.25, revise paragraph (f)(2) 

introductory text to read as follows: 

§ 70.25 Financial assurance and 

recordkeeping for decommissioning. 

* * * * * 

(f) * * * 

(2) A surety method, insurance, or 

other guarantee method. These methods 

guarantee that decommissioning costs 

will be paid. A surety method may be 

in the form of a surety bond, or letter of 

credit. A parent company guarantee of 

funds for decommissioning costs based 

on a financial test may be used if the 

guarantee and test are as contained in 

appendix A to part 30 of this chapter. 

For commercial corporations that issue 

bonds, a guarantee of funds by the 

applicant or licensee for 

decommissioning costs based on a 

financial test may be used is the 

guarantee and test are as contained in 

appendix C to part 30 of this chapter. 

For commercial companies that do not 

issue bonds, a guarantee of funds by the 

applicant or licensee for 

decommissioning costs may be used if 

the guarantee and test are as contained 

in appendix D to part 30 of this chapter. 

For nonprofit entities, such as colleges, 

universities, and nonprofit hospitals, a 

guarantee of funds by the applicant or 

licensee may be used if the guarantee 

and test are as contained in appendix E 

to part 30 of this chapter. Except for an 

external sinking fund, a parent company 

guarantee or a guarantee by the 

applicant or licensee may not be used in 

combination with any other financial 

methods used to satisfy the 

requirements of this section. A 

guarantee by the applicant or licensee 

may not be used in any situation where 

the applicant or licensee has a parent 

company holding majority control of the 

voting stock of the company. Any surety 

method or insurance used to provide 

financial assurance for 

decommissioning must contain the 

following conditions: 

* * * * * 

PART 73—PHYSICAL PROTECTION OF 

PLANTS AND MATERIALS 

■ 23. The authority citation for part 73 

continues to read as follows: 

Authority: Atomic Energy Act secs. 53, 

147, 161, 223, 234, 1701 (42 U.S.C. 2073, 

2167, 2169, 2201, 2273, 2282, 2297(f), 

2210(e)); Energy Reorganization Act sec. 201, 

204 (42 U.S.C. 5841, 5844); Government 

Paperwork Elimination Act sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note); Energy 

Policy Act of 2005, Pub. L. 109–58, 119 Stat. 

594 (2005). 

Section 73.1 also issued under Nuclear 

Waste Policy Act secs. 135, 141 (42 U.S.C, 

10155, 10161). Section 73.37(f) also issued 

under sec. 301, Pub. L. 96–295, 94 Stat. 789 

(42 U.S.C. 5841 note). 

■ 24. In § 73.6, revise paragraphs (a) and 

(b) to read as follows: 

§ 73.6 Exemptions for certain quantities 

and kinds of special nuclear material. 

* * * * * 

(a) Uranium-235 contained in 

uranium enriched to less than 20 

percent in the U–235 isotope. 

(b) Special nuclear material which is 

not readily separable from other 

radioactive material and which has a 

total external radiation level in excess of 

1 Gray (100 Rad) per hour at a distance 

of 1 meter (3.3 feet) from any accessible 

surface without intervening shielding. 

* * * * * 

PART 100—REACTOR SITE CRITERIA 

■ 25. The authority citation for part 100 

continues to read as follows: 

Authority: Atomic Energy Act secs. 103, 

104, 161, 182 (42 U.S.C. 2133, 2134, 2201, 

2232); Energy Reorganization Act secs. 201, 

202 (42 U.S.C. 5841, 5842); Government 

Paperwork Elimination Act sec. 1704 (44 

U.S.C. 3504 note). 

■ 26. In § 100.20, revise paragraph (b) to 

read as follows: 

§ 100.20 Factors to be considered when 

evaluating sites. 

* * * * * 

(b) The nature and proximity of manrelated hazards (e.g., airports, dams, 

transportation routes, military and 

chemical facilities) must be evaluated to 

establish site characteristics for use in 

determining whether a plant design can 

accommodate commonly occurring 

hazards, and whether the risk of other 

hazards is very low. 

* * * * * 

■ 27. In § 100.21, revise paragraphs (d) 

and (e) to read as follows: 

§ 100.21 Non-seismic siting criteria. 

* * * * * 

(d) The physical characteristics of the 

site, including meteorology, geology, 

seismology, and hydrology must be 

evaluated and site characteristics 

established such that potential threats 

from such physical characteristics will 

pose no undue risk to the type of facility 

proposed to be located at the site; 

(e) Potential hazards associated with 

nearby transportation routes, industrial 

and military facilities must be evaluated 

and site characteristics established such 

that potential hazards from such routes 

and facilities will pose no undue risk to 

the type of facility proposed to be 

located at the site; 

* * * * * 

■ 28. In appendix A to part 100, section 

II, revise the second paragraph to read 

as follows: 

Appendix A to Part 100—Seismic and 

Geologic Siting Criteria for Nuclear 

Power Plants 

* * * * * 

II. SCOPE 

* * * * * 

The investigations described in this 

appendix are within the scope of 

investigations permitted by § 50.10(a)(2)(ii) of 

this chapter. 

* * * * * 

Dated at Rockville, Maryland, this 31st day 

of May 2013. 

For the Nuclear Regulatory Commission. 

Helen Chang, 

Acting Chief, Rules, Announcements, and 

Directives Branch, Division of Administrative 

Services, Office of Administration. 

[FR Doc. 2013–13539 Filed 6–6–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 65 

[Docket ID: DOD–2009–OS–0021] 

RIN 0790–AI43 

Post-9/11 GI Bill 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness/ 

Office of the Deputy Assistant Secretary 

of Defense for Military Personnel Policy, 

DoD. 

ACTION: Final rule. 

SUMMARY: This final rule establishes 

policy, assigns responsibilities, and 

prescribes procedures for carrying out 

the Post-9/11 GI Bill. It establishes 

policy for the use of supplemental 

educational assistance (hereafter 

referred to as ‘‘kickers’’) for Service 

members with critical skills or 

specialties, or for members serving 

additional service; for authorizing the 

transferability of education benefits 

(TEB); and the DoD Office of the 

Actuary to perform determinations in 

support of DoD funding responsibilities. 

DATES: Effective Date: This rule is 

effective July 8, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Robert Clark, (703) 697–9267. 

SUPPLEMENTARY INFORMATION: 


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Executive Summary 

I. Purpose of the Regulatory Action 

This rule will provide the mechanism 

to implement the Secretary of Defense 

authorities with regard to Supplemental 

Educational Benefits (Kickers) and 

transferability of educational benefits to 

family members to aid recruiting and 

retention of the Armed Forces under 

chapter 33 38 U.S.C. chapter 33, and 

enable the Secretary of Defense to 

establish policy, assign responsibilities, 

and prescribe procedures for such 

authorities. 

II. Summary of the Major Provisions of 

the Regulatory Action in Question 

This rule establishes policy, assigns 

responsibilities, and prescribes 

procedures for carrying out the Post-9/ 

11 GI Bill, as codified in 38 U.S.C. 

chapter 33. It establishes policy for the 

use of supplemental educational 

assistance ‘‘kickers’’, for members with 

critical skills or specialties, or for 

members serving additional service; for 

authorizing the transferability of 

education benefits; and for the DoD 

Education Benefits Fund Board of 

Actuaries to perform determinations in 

support of DoD funding responsibilities 

for ‘‘kickers.’’ 

III. Costs and Benefits 

There is no cost to the public. 

Administrative costs to the Department 

of Defense for implementation of the 

authorities under this rule are 

negligible. Workload will be 

accomplished with existing staffing and 

be integrated into normal business. 

There will be no new costs for 

supplemental educational assistance, or 

‘‘kickers’’, since the Services will use 

existing programmed and budgeted 

resources currently dedicated to 

Montgomery GI Bill (MGIB) ‘‘kickers’’. 

Benefits of ‘‘kickers’’ should parallel 

those of the existing MGIB ‘‘kickers’’, 

which give the Services the ability to 

channel ‘‘high-quality’’ youth into 

critical ‘‘hard-to-fill’’ specialties. 

Transferability of educational benefits to 

family members will aid recruiting and 

retention of the Armed Forces. 

Public Comments 

The Department of Defense published 

an interim final rule on June 5, 2009 (74 

FR 30212–30220) with a request for 

comments. The following two 

comments were received: 

Comment 1: The Post-9/11 GI Bill 

does not allow funds to be allocated for 

advanced flight training. Any training 

beyond the pilot certificate is 

considered progressive and career 

oriented in nature. The airline industry 

continues to see a decline in the number 

of future pilots currently in training due 

to the increase in costs, the immense 

number of hours required to achieve an 

Airline Transport Rating, and a decade 

of low interest in taking up Piloting as 

a career. As such, allowing Post-9/11 GI 

Bill funds to be used for pilot training 

beyond the private pilot certificate 

would not only energize more soldiers 

to seek a career in aviation, it will open 

up the potential for flight schools, future 

hires, as well as injecting mature career 

oriented veterans into the airline 

industry. 

Comment 2: When this document was 

initially introduced, information was 

obtained from the state of California 

regarding public universities only and 

doesn’t provide for an opportunity for 

veterans to utilize benefits that they 

qualify because the cost of tuition is 

listed as zero. There are a large majority 

of public universities and colleges that 

are no longer accepting applications 

thereby forcing applicants to apply for 

private universities. With the tuition 

listed as zero, no tuition is being paid 

for veterans in California. 

DoD Response to Comments 1 and 2: 

DoD’s final rule is limited to specific 

DoD roles relating to administration of 

the Post-9/11 GI Bill. These are the 

establishment of policy for the use of 

supplemental educational assistance 

(‘‘kickers’’) for Service members with 

critical skills or specialties, or for 

members serving additional service; for 

authorizing the transferability of 

education benefits (TEB); and the DoD 

Office of the Actuary to perform 

determinations in support of DoD 

funding responsibilities. The two public 

comments received are outside the 

scope of this rule and relate specifically 

to the implementation of the actual 

Post-9/11 GI Bill benefit, which is 

implemented by the Department of 

Veterans Affairs (VA). VA decides how 

the GI Bill benefits may be used for 

aviation school and also implements 

benefits available for use towards 

private school tuition (which is about 

$18,000 per year now), not DoD. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

65 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that 32 CFR part 

65 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

65 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

65 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

65 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 65 

Armed forces, Education. 

Accordingly 32 CFR part 65 is revised 

to read as follows: 

PART 65—POST-9/11 GI BILL 

Sec. 

65.1 Purpose. 

65.2 Applicability. 

65.3 Definitions. 

65.4 Policy. 

65.5 Responsibilities. 

65.6 Procedures. 

Authority: 38 U.S.C. chapter 33. 

§ 65.1 Purpose. 

This part: 


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(a) Establishes policy, assigns 

responsibilities, and prescribes 

procedures for implementing DoD 

authorities and responsibilities for 

chapter 33 of title 38, United States 

Code (U.S.C.) (also known and hereafter 

referred to as ‘‘the Post-9/11 GI Bill’’) 

(b) Establishes policy for the use of 

supplemental educational assistance 

(hereafter referred to as ‘‘kickers’’) for 

Service members with critical skills or 

specialties, or for members serving 

additional service in accordance with 38 

U.S.C. 3316. 

(c) Establishes policy for authorizing 

the transferability of education benefits 

(TEB) in accordance with 38 U.S.C. 

3319. 

(d) Assigns responsibility to the DoD 

Office of the Actuary to perform 

determinations in support of DoD 

funding responsibilities for 38 U.S.C. 

chapter 33 in accordance with 10 U.S.C. 

183 and 2006. 

§ 65.2 Applicability. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments (including the Coast Guard 

at all times, including when it is a 

Service in the Department of Homeland 

Security (DHS) by agreement with that 

Department), the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

Department of Defense, the Defense 

Agencies, the DoD Field Activities, and 

all other organizational entities within 

the DoD (hereinafter referred to 

collectively as the ‘‘DoD Components’’). 

Section 65.6 of this part also applies to 

the Commissioned Corps of the Public 

Health Service (PHS) by agreement with 

the Surgeon General, and to the 

National Oceanic and Atmospheric 

Administration Commissioned Officer 

Corps (NOAA Corps) by agreement with 

the Director, NOAA Corps. 

§ 65.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the purpose 

of this part: 

Active duty. For the Post-9/11 GI Bill, 

the term ‘‘active duty’’ is defined in 38 

U.S.C. 3301(1). 

Affiliation kicker. Supplemental 

educational assistance that may be 

offered by the Secretary of a Military 

Department to the monthly amount of 

educational assistance otherwise 

payable to an individual pursuant to 

paragraph (1)(B), or to paragraphs (2) 

through (7) (as applicable), of 38 U.S.C. 

3313(c), to a Service member who is 

separating honorably from a regular 

component and who agrees to serve in 

the Selected Reserve in a skill, specialty, 

or unit in which there is a critical 

shortage of personnel or for which it is 

difficult to recruit and/or retain. 

Enlistment kicker. Supplemental 

educational assistance that may be 

offered by a Secretary of a Military 

Department to the monthly amount of 

educational assistance otherwise 

payable to an individual pursuant to 

paragraph (1)(B), or to paragraphs (2) 

through (7) (as applicable), of 38 U.S.C. 

3313(c), who initially enlists in a regular 

component in a skill or specialty in 

which there is a critical shortage of 

personnel or for which it is difficult to 

recruit. 

Family member. A spouse or child as 

codified in 38 U.S.C. 101 who is 

enrolled in Defense Eligibility 

Enrollment Reporting System (DEERS). 

Kickers. Supplemental educational 

assistance that may be offered by a 

Secretary of a Military Department to 

the monthly amount of educational 

assistance otherwise payable to an 

individual pursuant to paragraph (1)(B), 

or to paragraphs (2) through (7) (as 

applicable), of 38 U.S.C. 3313(c). 

Reenlistment kicker. Supplemental 

educational assistance that may be 

offered by a Secretary of a Military 

Department to the monthly amount of 

educational assistance otherwise 

payable to an individual pursuant to 

paragraph (1)(B), or to paragraphs (2) 

through (7) (as applicable), of 38 U.S.C. 

3313(c), to a member who, after 

completing 5 or more years of 

continuous service, signs an agreement 

to remain on active duty for a period of 

at least 2 years. 

Secretary Concerned. For a member of 

the Army, the Navy, the Air Force, the 

Marine Corps, and the Coast Guard 

when it is operating as a Service of the 

Department of the Navy, the term means 

the Secretary of the Military Department 

with jurisdiction over that Service 

member. For a member of the Coast 

Guard when the Coast Guard is 

operating as a Service of the DHS, the 

term means the Secretary of Homeland 

Security. For a member of the PHS, the 

term means the Surgeon General. For a 

member of the NOAA Corps, the term 

means the Director, NOAA Corps. 

Service member. An individual 

serving on active duty or in the Selected 

Reserve. Does not include other 

members of the Ready Reserve (such as 

the Individual Ready Reserve, standby 

Reserve, or retired Service members, 

unless they are serving on active duty.) 

For purposes of § 65.6, includes 

members of the PHS and members of the 

NOAA Corps. 

§ 65.4 Policy. 

It is DoD policy that: 

(a) Kickers may be authorized to assist 

in the recruitment, reserve affiliation, 

and retention of individuals into skills 

or specialties in which there are critical 

shortages or for which it is difficult to 

recruit or, in the case of critical units, 

to retain personnel. 

(b) Transferability of education 

benefits may be used to promote 

recruitment and retention. 

§ 65.5 Responsibilities. 

(a) The Deputy Assistant Secretary of 

Defense for Military Personnel Policy 

(DASD(MPP)), under the authority, 

direction, and control of the Assistant 

Secretary of Defense for Readiness and 

Force Management, shall: 

(1) Develop guidance and procedures 

for implementation and oversight of 

DoD authorities and responsibilities 

under the Post-9/11 GI Bill. 

(2) Coordinate administrative 

procedures of the Post-9/11 GI Bill with 

the Department of Veterans Affairs (VA), 

and other appropriate DoD and 

intergovernmental agencies, as 

applicable. 

(3) Review and approve each Military 

Department plan to use supplemental 

assistance in accordance with the 

provisions of 38 U.S.C. 3316. 

(4) Establish the standard data 

elements needed to administer the Post9/11 GI Bill. 

(b) The Under Secretary of Defense 

(Comptroller) (USD(C))/Chief Financial 

Officer (CFO) (USD(C)/CFO), 

Department of Defense shall: 

(1) Provide guidance on budgeting, 

accounting, and funding for the 

educational benefits program in support 

of plans established in § 65.6, and for 

investing the available DoD Education 

Benefits Fund balance. 

(2) In coordination with the 

DASD(MPP), review and approve the 

Military Department budget estimates 

for the supplemental payments in 

accordance with the provisions of 38 

U.S.C. 3316. 

(c) The Director, Department of 

Defense Human Resources Activity 

(DoDHRA), under the authority, 

direction, and control of the Under 

Secretary of Defense for Personnel and 

Readiness, shall ensure the Director, 

Defense Manpower Data Center (DMDC) 

shall: 

(1) Replicate Post 9/11 GI Bill 

eligibility data using the Veterans 

Affairs and DoD Identity Repository 

(VADIR) with the DVA as needed and 

specified. 

(i) Maintain personnel information 

needed by the DVA to determine benefit 

entitlement. 

(ii) Maintain DVA payment and usage 

data for the Post 9/11 GI Bill program. 


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(2) [Reserved] 

(d) The Secretaries Concerned shall: 

(1) Provide implementing guidance 

within their Department to govern the 

administration of the Post-9/11 GI Bill 

consistent with this part and other 

guidance issued by the DASD(MPP) and 

the USD(C)/CFO consistent with the 

needs of the Military Services. This 

guidance must include Service 

implementation of kickers and the 

transfer of unused educational benefits 

as established in 38 U.S.C. 3319, as 

outlined in § 65.6. 

(2) Ensure that all eligible active duty 

Service members and members of the 

Reserve Components are aware that they 

are automatically eligible for Post-9/11 

GI Bill educational assistance upon 

serving the required active duty time as 

outlined in 38 U.S.C. 3311. 

(3) Ensure that all officers without 

earlier established eligibility, following 

commissioning through the Service 

academies (with the exception of the 

Coast Guard Academy for individuals 

who enter into an agreement to service 

before January 4, 2011) or Reserve 

Officer Training Corps Scholarship 

Programs consistent with 10 U.S.C. 

2107, are aware that their eligible period 

of active duty for Post-9/11 GI Bill 

benefits does not begin until they have 

completed their statutory obligated 

active duty service. Ensure that such 

officers are aware that any active duty 

service after that obligated period of 

service may qualify as active duty 

service for Post-9/11 GI Bill eligibility. 

(4) Ensure that all Service members 

participating in the student loan 

repayment program in accordance with 

10 U.S.C. chapter 109 are aware that 

their service counted pursuant to 10 

U.S.C. chapter 109 does not count as 

qualifying active duty service for Post9/11 GI Bill eligibility. Ensure that such 

Service members are aware that any 

service after that obligated period of 

service may qualify as active duty 

service for Post-9/11 GI Bill eligibility. 

(5) Authorize kickers for recruitment 

and retention of individuals with 

critical skills or in programs that are 

hard to recruit or retain in accordance 

with 38 U.S.C. 3316, and advise the 

DASD(MPP) of such approval. 

(6) Budget for and transfer funds to 

support the kickers, in accordance with 

§ 65.6 of this part and guidance issued 

by the USD(C)/CFO. 

(7) Ensure pre-separation or release 

from active duty counseling on Post-9/ 

11 GI Bill benefits to active duty 

members and members of the Reserve 

Components with qualifying active duty 

service and document this counseling 

accordingly. 

(8) Promulgate guidance for their 

Service(s) to administer the 

transferability of unused education 

entitlements to family members to 

support recruiting and retention in 

accordance with § 65.6. 

(9) Ensure maintenance of records for 

individuals who receive kickers in 

accordance with 38 U.S.C. 3316. 

Provide those records to the DMDC and 

VA. 

(10) Report all qualifying active duty 

pursuant to DoD Manual 7730.54–M– 

V1, ‘‘Reserve Component Common 

Personnel Data System (RCCPDS)’’ (see 

http://www.dtic.mil/whs/directives/ 

corres/pdf/773054m_vol1.pdf). 

(11) Direct use of DoD standard data 

elements and codes established by DoD 

Instruction 1336.05, ‘‘Automated Extract 

of Active Duty Military Personnel 

Records’’ (see http://www.dtic.mil/whs/ 

directives/corres/pdf/133605p.pdf) and 

DoD Manual 7730.54–M when 

specified. 

§ 65.6 Procedures. 

(a) General eligibility. Eligibility and 

administration of the Post-9/11 GI Bill 

are the responsibility of the VA. Policies 

and procedures for utilization of Post-9/ 

11 GI Bill benefits are available from 

that agency. Those policies and 

procedures are codified in 38 CFR part 

21 and presented and updated at http:// 

www.gibill.va.gov. 

(b) Kickers—(1) Enlistment kickers. 

The use of enlistment kickers should be 

based on the criticality of the skill or the 

length of enlistment commitment and 

may be offered in amounts from $150 to 

$950 a month in increments of $100. 

Reporting codes for enlistment kickers 

are listed in DoD Instruction 1336.05 

and DoD Manual 7730.54–M–V1. 

(2) Affiliation kickers. The use of 

affiliation kickers shall be based on the 

criticality of the skill and/or unit and 

the length of Selected Reserve 

commitment, and may be offered in 

amounts from $150 to $950 a month in 

increments of $100. If an individual is 

already eligible for an enlistment kicker, 

the amount of the affiliation kicker is 

limited to the amount that would take 

the total to $950. For those individuals 

who are offered an affiliation kicker on 

top of an enlistment kicker, the 

increases above the enlistment kicker 

will be in $100 increments. Reporting 

codes for affiliation kickers are the same 

as the codes for enlistment kickers listed 

in DoD Instruction 1336.05 and DoD 

Manual 7730.54–M–V1. 

(3) Reenlistment kickers. The use of 

reenlistment kickers should be based on 

the criticality of the skill and may be 

offered in amounts from $100 to $300 a 

month in increments of $100, based on 

length of additional service. Reporting 

codes for reenlistment kickers are listed 

in DoD Instruction 1336.05 and DoD 

Manual 7730.54–M–V1. 

(4) Payment of kickers. Kickers are 

paid by VA in conjunction with the 

monthly stipend paid pursuant to 38 

U.S.C. 3313(c). 

(c) Transferability of unused 

education benefits to family members. 

Subject to the provisions of this section, 

the Secretary Concerned, to promote 

recruitment and retention in the 

Uniformed Services, may permit an 

individual eligible for Post-9/11 GI Bill 

educational assistance to elect to 

transfer to one or more of his or her 

family members all or a portion of his 

or her entitlement to such assistance 

(see paragraphs (c)(1) and (c)(2) of this 

section). 

(1) Eligible individuals. Any Service 

member on or after August 1, 2009, who 

is entitled to the Post-9/11 GI Bill at the 

time of the approval of his or her 

request to transfer that entitlement 

under this section, may transfer that 

entitlement provided he or she meets 

one of these conditions: 

(i) Has at least 6 years of service in the 

Military Services (active duty or 

Selected Reserve), NOAA Corps, or PHS 

on the date of approval and agrees to 

serve 4 additional years in the Military 

Services, NOAA Corps, or PHS from the 

date of election. 

(ii) Has at least 10 years of service in 

the Military Services (active duty or 

Selected Reserve), NOAA Corps, or PHS 

on the date of approval, is precluded by 

either standard policy (Service or DoD) 

or statute from committing to 4 

additional years, and agrees to serve for 

the maximum amount of time allowed 

by such policy or statute. 

(iii) Is or becomes retirement eligible 

during the period from August 1, 2009, 

through July 31, 2012, and agrees to 

serve the additional period, if any, 

specified in paragraphs (c)(1)(iii)(A) 

through (c)(1)(iii)(D) of this section. A 

Service member is considered to be 

retirement eligible if he or she has 

completed 20 years of active Federal 

service or 20 qualifying years as 

computed pursuant to 10 U.S.C. 12732. 

This paragraph will no longer be in 

effect on August 1, 2013, and on or after 

that date all members must comply with 

paragraphs (c)(1)(i) or (c)(1)(ii) of this 

section to be eligible for transfer of 

unused education benefits to family 

members. 

(A) For individuals eligible for 

retirement on August 1, 2009, no 

additional service is required. 

(B) For individuals eligible for 

retirement after August 1, 2009, and 


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before August 1, 2010, 1 year of 

additional service is required. 

(C) For individuals eligible for 

retirement on or after August 1, 2010, 

and before August 1, 2011, 2 years of 

additional service is required. 

(D) For individuals eligible for 

retirement on or after August 1, 2011, 

and before August 1, 2012, 3 years of 

additional service is required. 

(iv) The provisions of paragraph 

(c)(1)(iii) of this section will apply to 

Service members recalled to active duty 

under the provisions of 10 U.S.C. 688 or 

members of the Individual Ready 

Reserve ordered to active duty under the 

provisions of 10 U.S.C. 12301(d) only 

when the active duty is for a period of 

at least 90 days. 

(2) Eligible family members. (i) An 

individual approved to transfer an 

entitlement to educational assistance 

under this section may transfer that 

entitlement to his or her spouse, to one 

or more of his or her children, or to a 

combination of his or her spouse and 

one or more children. 

(ii) For purposes of this provision, the 

definition of spouse and child are as 

codified in 38 U.S.C. 101. Confirmation 

of family members will be made using 

the DEERS. 

(iii) Once an individual has 

designated a child as a transferee, a 

child’s subsequent marriage will not 

affect his or her eligibility to receive the 

educational benefit; however, the 

individual retains the right to revoke or 

modify the transfer at any time. 

(iv) Once an individual has 

designated a spouse as a transferee, 

subsequent divorce will not affect the 

transferee’s eligibility to receive 

educational benefits; however, the 

eligible individual retains the right to 

revoke or modify the transfer at any 

time. 

(3) Months of transfer. Months 

transferred must be whole months. The 

number of months of benefits 

transferred by an individual under this 

section may not exceed the lesser of: 

(i) The months of Post-9/11 GI Bill 

unused benefits available. 

(ii) 36 months. 

(4) Transferee usage. (i) Policies and 

procedures for family member use of 

Post-9/11 GI Bill transferred educational 

benefits are the responsibility of the VA. 

Those policies and procedures are 

codified in 38 CFR part 21 and 

presented and updated at http:// 

www.gibill.va.gov. 

(ii) Commencement of use by a family 

member is subject to these conditions: 

(A) A spouse may start to use the 

benefit only after the individual making 

the transfer has completed at least 6 

years of service in the Military Services, 

NOAA Corps, or PHS. 

(B) A child may start to use the 

benefit after the individual making the 

transfer: 

(1) Has completed at least 10 years of 

service in the Military Services, NOAA 

Corps, or PHS, or 

(2) Is separated for one of the reasons 

referred to in paragraph (c)(7)(ii) or 

(c)(7)(iii) of this section. 

(5) Designation of transferee. An 

individual transferring an entitlement to 

educational assistance under this 

section shall, through notification to the 

Secretary Concerned as specified in 

paragraph (c)(9) of this section: 

(i) Designate the family member or 

members to whom such entitlement is 

being transferred. 

(ii) Designate the number of months of 

such entitlement to be transferred to 

each family member. 

(iii) Specify the period for which the 

transfer shall be effective for each family 

member. The effective period must be 

on or after the date of designation. 

(6) Time for transfer, revocation, and 

modification—(i) Time for transfer. An 

individual approved to transfer 

entitlement to educational assistance 

under this section may transfer such 

entitlement to the individual’s family 

member only while serving in the 

Military Services (active duty or 

Selected Reserve.), NOAA Corps, or 

PHS. An individual may not add family 

members after retirement or separation 

from the Uniformed Services. 

(ii) Modification or revocation. (A) An 

individual transferring entitlement in 

accordance with this section may 

modify or revoke at any time the 

transfer of any unused portion of the 

entitlement so transferred. 

(1) An individual may add new family 

members, modify the number of months 

of the transferred entitlement for 

existing family members, or revoke 

transfer of entitlement while serving in 

the Uniformed Services. 

(2) An individual may not add family 

members after retirement or separation 

from the Military Services, NOAA 

Corps, or PHS, but may modify the 

number of months of the transferred 

entitlement or revoke transfer of 

entitlement after retirement or 

separation for those family members 

who have received transferred benefits 

prior to separation or retirement. 

(B) The modification or revocation of 

the transfer of entitlement shall be made 

by submitting notice of the action to 

both the Secretary of the Military 

Department concerned and the 

Secretary of Veterans Affairs. Additions, 

modifications, or revocations made 

while in the Military Services, NOAA 

Corps, or PHS will be made through the 

TEB Web site as described in paragraph 

(c)(8) of this section. Modifications or 

revocations after separation from the 

Military Services, NOAA Corps, or PHS 

will be accomplished through VA. 

(7) Failure to complete service 

agreement. (i) Except as provided in this 

section, if an individual transferring 

entitlement under this section fails to 

complete the service agreed to 

consistent with paragraph (c)(1) of this 

section in accordance with the terms of 

the agreement, the amount of any 

transferred entitlement that is used as of 

the date of such failure shall be treated 

as an overpayment of educational 

assistance and shall be subject to 

collection by VA. 

(ii) Paragraph (c)(7)(i) of this section 

shall not apply to an individual who 

fails to complete service agreement due 

to: 

(A) His or her death. 

(B) Discharge or release from active 

duty or the Selected Reserve for a 

medical condition that pre-existed his 

or her service and was not serviceconnected. 

(C) Discharge or release from active 

duty or the Selected Reserve for 

hardship as determined by the Secretary 

of the Military Department concerned. 

(D) Discharge or release from active 

duty or the Selected Reserve for a 

physical or mental condition, not a 

disability, that did not result from his or 

her willful misconduct, but did interfere 

with the performance of duty. 

(iii) The transferor is also considered 

to have completed his or her service 

agreement as a result of being 

discharged for a disability or a reduction 

in force or force shaping. 

(iv) The Secretaries of the Military 

Departments may promulgate guidance 

regarding waiver of the military service 

obligation agreed to consistent with 

paragraph (c)(1) of this section if the 

individual revokes all transfers and no 

benefits have been used. 

(8) Procedures. All requests and 

transactions for individuals who remain 

in the Uniformed Services will be 

completed through the TEB Web 

application at https:// 

www.dmdc.osd.mil/milconnect/. The 

TEB Users Manual, maintained on that 

site, will provide instruction for 

enrollment; verification; and additions, 

changes, and revocations. Modifications 

or revocations after separation from the 

Uniformed Services will be 

accomplished through VA. 

(9) Regulations. The Secretaries of the 

Military Departments shall promulgate 

guidance to administer the 

transferability of unused education 

entitlements to family members in 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules and Regulations 34255 

accordance with this part. Such 

guidance shall specify: 

(i) The manner of verifying and 

documenting the additional service 

commitment, if any, consistent with 

paragraph (c)(1) of this section, to be 

authorized to transfer education 

benefits. 

(ii) The manner of determining 

eligibility to authorize the transfer of 

education benefits as allowed in 

paragraphs (c)(1)(i), (c)(1)(ii), or 

(c)(1)(iii) of this section. 

Dated: May 31, 2013. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2013–13504 Filed 6–6–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2013–0344] 

RIN 1625–AA11 

Regulated Navigation Area; Vessel 

Traffic in Vicinity of Marseilles Dam; 

Illinois River 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area (RNA) on the Illinois River. This 

Temporary Final Rule stipulates 

operational requirements and places 

navigational and operational restrictions 

on all vessels transiting the Illinois 

River from Mile Marker 240.0 to Mile 

Marker 271.4. This RNA is necessary to 

protect the general public, vessels, and 

tows from the hazards associated with 

obstructions in the Marseilles Lock 

canal, recovery efforts related to the 

restoration of the Marseilles Dam, and 

salvage operations being conducted in 

its vicinity. 

DATES: This rule will be enforced with 

actual notice from May 4, 2013, until 

June 7, 2013. This rule is effective in the 

Code of Federal Regulations from June 

7, 2013 until June 30, 2013. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2013–0344. To view documents 

mentioned in this preamble as being 

available in the docket, go to http:// 

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, contact or email MST1 Joseph 

McCollum, U.S. Coast Guard Sector 

Lake Michigan, at 414–747–7148 or 

Joseph.P.McCollum@uscg.mil. If you 

have questions on viewing the docket, 

call Barbara Hairston, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

TFR Temporary Final Rule 

RNA Regulated Navigation Area 

A. Regulatory History and Information 

On April 18, 2013, in light of 

dangerously high water conditions, the 

Coast Guard established a temporary 

safety zone on the Illinois River from 

Mile Marker 187.2 to Mile Marker 285.9 

(USCG–2013–0299). The safety zone 

restricted recreational and commercial 

vessel transit in the zone without the 

permission of the Captain of the Port 

Lake Michigan. The safety zone was 

effective and enforced from April 18 to 

30, 2013. Because of the emergent 

nature of the flooding, the Coast Guard 

did not solicit comments before 

establishing this temporary safety zone. 

On April 26, 2013, in order to 

facilitate commerce and in 

consideration of salvage operations 

around the Marseilles Dam, the Coast 

Guard established a temporary safety 

zone (USCG–2013–0323) that 

authorized commercial vessels to transit 

the Illinois River except from Mile 

Marker 244 to Mile Marker 252. 

Recreational vessels were prohibited 

from Mile Marker 187.2 to 285.9. 

Because of the emergent nature of the 

flooding, the Coast Guard also did not 

solicit comments prior to establishing 

this temporary safety zone. 

On April 29, 2013, the Coast Guard 

issued a third TFR that established a 

safety zone from Mile Marker 231.0 to 

Mile Marker 271.4 on the Illinois River 

(USCG–2013–0334). This safety zone 

restricted vessel traffic within the 

portion of the Illinois River deemed to 

be affected by both salvage operations 

and the potential for structural failure at 

the Marseilles Dam. 

Now, the Coast Guard is issuing this 

rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable and contrary 

to the public interest. The Coast Guard 

is issuing this rule in response to an 

immediate and emergency situation that 

involves salvage and port recovery 

operations in the vicinity of the 

Marseilles Lock and Dam. Delaying the 

effective date of this rule to wait for a 

comment period to run would be both 

impracticable and contrary to the public 

interest because it would inhibit the 

Coast Guard’s ability to protect persons 

and vessels from the hazards, which are 

discussed further below, associated with 

the salvage and port recovery operations 

in the vicinity of the Marseilles Lock 

and Dam. 

Although the Coast Guard is issuing 

this rule without prior notice and 

opportunity to comment, the Coast 

Guard consulted with towing vessel 

industry stakeholders to help determine 

the tow restrictions and operating 

parameters in this RNA. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. For the same reasons 

discussed in the preceding paragraph, 

waiting for 30 day notice period to run 

would be impracticable and contrary to 

the public interest. 

B. Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

RNAs and limited access areas: 33 

U.S.C. 1231; 46 U.S.C. Chapter 701, 

3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 

0170.1. 

Heavy and extended periods of rain 

during the first half of the month of 

April resulted in dangerously high 

waters within the Illinois River, 

bringing excessive debris, rapidlyflowing water, and complicating vessel 

navigation. These high and rapidlymoving waters also threatened to 


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