10454 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this temporary final

rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This temporary final rule contains no

collection-of-information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposal in accordance with the

principles and criteria contained in

Executive Order 12612 and it has been

determined that this rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under paragraph 2.B.g(5)

of Commandant Instruction M16475.1B,

this temporary final rule is categorically

excluded from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulation

For the reasons set out in the

preamble, the Coast Guard is amending

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;

AND 33 CFR 1.05–1(g); section 117.255 also

issued under the authority of Pub. 102–587,

106 Stat. 5039.

§ 117.458 [Amended]

2. Effective March 6, 1997 through

May 19, 1997, § 117.458 is amended by

adding a new paragraph (c) to read as

follows:

§ 117.458 Inner Harbor Navigation Canal,

New Orleans.

* * * * *

(c) The draw of the L&N Railroad/Old

Gentilly Road bascule span drawbridge

across the Inner Harbor Navigation

Canal, mile 3.4 shall open on signal;

except that between the hours of 8 a.m.

and noon and between the hours of 1

p.m. and 5 p.m. daily, from March 6,

1997 through May 19, 1997, the draw

need not open for the passage of vessels.

Dated: February 27, 1997.

T. W. Josiah,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 97–5832 Filed 3–5–97; 1:31 pm]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI53

Veterans Education: Increased

Allowances for the Educational

Assistance Test Program

AGENCIES: Department of Defense and

Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: The law provides that rates of

subsistence allowance and educational

assistance payable under the

Educational Assistance Test Program

shall be adjusted annually by the

Secretary of Defense based upon the

average actual cost of attendance at

public institutions of higher education

in the 12-month period since the rates

were last adjusted. After consultation

with the Department of Education, the

Department of Defense has concluded

that the rates for the 1996–97 academic

year should be increased by 6% over the

rates payable for the 1995–96 academic

year. The regulations dealing with these

rates are amended accordingly.

EFFECTIVE DATE: March 7, 1997.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 810 Vermont Avenue, NW,

Washington, DC 20420, 202–273–7187.

SUPPLEMENTARY INFORMATION: The law

(10 U.S.C. 2145) provides that the

Secretary of Defense shall adjust the

amount of educational assistance which

may be provided in any academic year

under the Educational Assistance Test

Program, and the amount of subsistence

allowance authorized under that

program. The adjustment is to be based

upon the 12-month increase in the

average actual cost of attendance at

public institutions of higher education.

As required by law, the Department of

Defense has consulted with the

Department of Education. The

Department of Defense has concluded

that these costs increased by 6% in the

1995–96 academic year. Accordingly,

this revision changes 38 CFR 21.5820

and 21.5822 to reflect a 6% increase in

the rates payable in the 1996–97

academic year.

Pursuant to 5 U.S.C. 553 there is good

cause for finding that notice and public

procedure are impractical, unnecessary,

and contrary to the public interest and

there is good cause for dispensing with

a 30-day delay of the effective date. The

rates of subsistence allowance and

educational assistance payable under

the Educational Assistance Test

Program are determined based on a

statutory formula and, in essence, the

calculation of rates merely constitutes a

non-discretionary ministerial act.

The Secretary of Veterans Affairs and

the Secretary of Defense have certified

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.

There is no Catalog of Federal

Domestic Assistance number for the

program affected by these regulations.

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.

Approved: December 18, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

Approved: February 14, 1997.

Normand G. Lezy,

Lieutenant General, USAF, Deputy Assistant

Secretary (Military Personnel Policy)

Department of Defense.

For the reasons set out above, 38 CFR

part 21 (subpart H) is amended as set

forth below.
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10455

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart H—Educational Assistance

Test Program

1. The authority citation for part 21,

subpart H, continues to read as follows:

Authority: 10 U.S.C. Ch. 107; 38 U.S.C.

501(a), 3695, 5101,5113,5303A; 42 U.S.C.

2000; Sec. 901, Pub. L. 96–342 94 stat. 1111–

1114.

§ 21.5820 [Amended]

2. In § 21.5820, paragraph (b)(1) is

amended by removing ‘‘1995–96’’ and

adding, in its place, ‘‘1996–97’’, and by

removing ‘‘$2,761’’ and adding, in its

place, ‘‘$2,927’’; paragraph (b)(2)(ii)

introductory text is amended by

removing ‘‘1995–96’’ and adding, in its

place, ‘‘1996–97’’; paragraph (b)(2)(ii)(A)

is amended by removing ‘‘$306.78’’ and

adding, in its place, ‘‘$325.22’’, and by

removing ‘‘$153.39’’ and adding, in its

place, ‘‘$162.61’’; paragraph (b)(2)(ii)(B)

is amended by removing ‘‘$10.23’’ and

adding, in its place, ‘‘$10.84’’, and by

removing ‘‘$5.11’’, and adding, in its

place, ‘‘$5.42’’; paragraph (b)(2)(ii)(C) is

amended by removing ‘‘decreased’’ both

times it appears and adding, in its place,

‘‘increased’’; paragraph (b)(3)(ii)

introductory text is amended by

removing ‘‘1995–96’’ and adding, in its

place, ‘‘1996–97’’; paragraph (b)(3)(ii)(A)

is amended by removing ‘‘$306.78’’ and

adding, in its place, ‘‘$325.22’’, and by

removing ‘‘$153.39’’ and adding, in its

place, ‘‘$162.61’’; paragraph (b)(3)(ii)(B)

is amended by removing ‘‘$10.23’’ and

adding, in its place ‘‘$10.84’’, and by

removing ‘‘$5.11’’ and adding, in its

place, ‘‘$5.42’’; and paragraph

(b)(3)(ii)(C) is amended by removing

‘‘decreased’’ both times it appears and

adding, in its place, ‘‘increased’’.

§ 21.5822 [Amended]

3. In § 21.5822, paragraph (b)(1)(i) is

amended by removing ‘‘$688’’ and

adding, in its place, ‘‘$729’’, and by

removing ‘‘1995–96’’ and adding, in its

place, ‘‘1996–97’’; paragraph (b)(1)(ii) is

amended by removing ‘‘$344’’ and

adding, in its place, ‘‘$364.50’’, and by

removing ‘‘1995–96’’ and adding, in its

place, ‘‘1996–97’’; paragraph (b)(2)(i) is

amended by removing ‘‘1995–96’’ and

adding, in its place, ‘‘1996–97’’, and by

removing ‘‘$688’’ and adding, in its

place, ‘‘$729’’; and paragraph (b)(2)(ii) is

amended by removing ‘‘1995–96’’ and

adding, in its place, ‘‘1996–97’’, and by

removing ‘‘$344’’, and adding, in its

place, ‘‘$364.50’’.

[FR Doc. 97–5579 Filed 3–6–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OR59–7274, OR60–7275; FRL–5696–6]

Approval and Promulgation of State

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) approves revisions to the

State of Oregon Implementation Plan for

two source-specific Reasonably

Available Control Technology (RACT)

volatile organic compound (VOC)

emissions standards: Cascade General,

Inc., a ship repair yard in Portland,

Oregon; and, White Consolidated, Inc.

(doing business as Schrock Cabinet Co.),

a wood cabinet manufacturing facility in

Hillsboro, Oregon. These revisions are

required by the Clean Air Act (CAA)

and were submitted to EPA on

November 20, 1996.

DATES: This action is effective on May

6, 1997 unless adverse or critical

comments are received by April 7, 1997.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), EPA Region 10, 1200 Sixth

Avenue, Seattle, Washington 98101.

Documents incorporated by reference

are available for public inspection at the

Air and Radiation Docket and

Information Center, EPA, 401 M Street,

SW, Washington, D.C. 20460. Copies of

material submitted to EPA may be

examined during normal business hours

at the following locations: EPA, Office

of Air Quality (OAQ–107), 1200 Sixth

Avenue, Seattle, Washington 98101, and

the Oregon Department of

Environmental Quality, 811 S.W. Sixth

Avenue, Portland, Oregon 97204–1390.

FOR FURTHER INFORMATION CONTACT:

Denise Baker, Office of Air Quality

(OAQ–107), EPA Region 10, Seattle,

Washington, (206) 553–8087.

SUPPLEMENTARY INFORMATION:

I. Background

Section 172(a)(2) and (b)(3) of the

CAA, as amended in 1977 (1977 Act),

required sources of VOC to install, at a

minimum, RACT in order to reduce

emissions of this pollutant. EPA has

defined RACT as the lowest emission

limit that a particular source is capable

of meeting by the application of control

technology that is reasonably available,

considering technological and economic

feasibility (44 FR 53761, September 17,

1979). EPA has developed Control

Technology Guidelines (CTGs) for the

purpose of informing State and local air

pollution control agencies of air

pollution control techniques available

for reducing emissions of VOC from

various categories of sources. Each CTG

contains recommendations to the States

of what EPA calls the ‘‘presumptive

norm’’ for RACT. This general statement

of agency policy is based on EPA’s

evaluation of the capabilities of, and

problems associated with, control

technologies currently used by facilities

within individual source categories.

EPA has recommended that the States

adopt requirements consistent with the

presumptive norm level.

On March 3, 1978, the entire

Portland-Vancouver Interstate Air

Quality Maintenance Area was

designated by EPA as a non-attainment

area for ozone. The Portland-Vancouver

Interstate Air Quality Maintenance Area

contains the urbanized portions of three

counties in Oregon (Clackamas,

Multnomah, and Washington) and one

county (Clark) in the State of

Washington.

The 1977 Act required States to

submit plans to demonstrate how they

would attain and maintain compliance

with national ambient air standards for

those areas designated non-attainment.

The 1977 Act further required these

plans to demonstrate compliance with

primary standards no later than

December 31, 1982. An extension up to

December 31, 1987, was possible if the

State could demonstrate that, despite

implementation of all reasonably

available control measures, the

December 31, 1982, date could not be

met.

On October 7, 1982, EPA approved

the Portland-Vancouver area ozone

attainment plan, including an extension

of the attainment date to December 31,

1987 (47 FR 44262).

On June 15, 1988, pursuant to Section

110(a)(2)(H) of the pre-amended CAA,

former EPA Regional Administrator

Robie Russell notified the State of

Oregon by letter that the State

Implementation Plan (SIP) for the

Portland-Vancouver area was

substantially inadequate to provide for

timely attainment of the National

Ambient Air Quality Standards

(NAAQS). In that letter, EPA identified

specific actions needed to correct

deficiencies in State regulations

representing RACT for sources of VOC.

Further, the CAA, as amended in 1990

(amended Act), also requires States to

correct deficiencies. In amended Section

182(a)(2)(A), Congress statutorily