15400 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

46 CFR 1.46.

2. § 165.T08–001 is revised to read as

follows:

§ 165.T08–001. Regulated Navigation Area;

Lower Mississippi River.

(a) Location: The following area is a

regulated navigation area: All waters of

the Mississippi River from one mile

above the Interstate 20 Highway Bridge

at Vicksburg, MS (Lower Mississippi

River Mile 437) to the boundary of the

territorial sea at the approaches to South

West Pass.

(b) Regulations:

(1) In accordance with general

regulations in Section § 165.11 of this

part, no downbound tows may operate

within the Regulated Navigation Area

(RNA) contrary to this regulation.

(2) Tow boats with a brake

horsepower of 7,400 (7,400 bhp) and

greater shall be limited to a 25 barge

tow.

(3) Tow boats with a brake

horsepower of 6,000 (6,000 bhp), but

less than 7,400 bhp shall be limited to

a 20 barge tow.

(4) For all other tows the following

minimum brake horsepower

requirements apply:

(i) Loaded standard size dry cargo

barges (195′ by 35′) traveling

southbound: 300 brake horsepower per

barge minimum.

(ii) For other loaded dry cargo barges

and all loaded liquid barges

southbound: one brake horsepower

minimum for each 5 deadweight tons of

cargo.

(iii) For tows consisting of empty

standard size dry cargo barges traveling

southbound at Algiers Point: 200 brake

horsepower per barge.

(iv) For tows containing mixed empty

and loaded barges, the higher, loaded,

brake horsepower standards apply (300

brake horsepower).

(5) For tows of 20 barges or larger,

downbound transit through the Baton

Rouge Railroad and Highway Bridge,

also known as the Highway 190 Bridge,

is restricted to daylight only.

(6) All self-propelled vessels to which

the regulations at 33 CFR part 164

apply, shall comply with the following:

(i) Masters shall review the

requirements of 33 CFR § 164.25

pertaining to ‘‘Tests Before Entering or

Getting Underway.’’

(ii) The engine room shall be manned

at all times while underway in the RNA.

(iii) Prior to entering or getting

underway in the RNA, the master of

each vessel shall report to the ship’s

agent that 33 CFR part 164 has been

reviewed, the requirements are

understood, and his vessel is in

compliance with the regulation.

(iv) The master shall also report that

the chief engineer has certified that the

following additional operating

conditions will be satisfied so long as

the vessel is underway within the RNA:

(A) If the vessel has an automated

main propulsion plant, it shall be

operated in manual mode and will be

prepared to answer maneuvering

commands immediately.

(B) The vessel shall immediately

provide maximum ahead or astern

power when so ordered by the bridge.

(C) The main propulsion plant shall

in all respects be ready for operations in

the regulated navigation area including

the main propulsion air start systems,

fuel systems, lube oil systems, cooling

systems, and automation systems.

(v) The master shall also certify that

the gyrocompass is properly operating

and calibrated.

(7) For vessels subject to this

regulation, Commander, Eighth Coast

Guard District urges that main

propulsion standby systems be placed

on-line or be ready to be placed on-line

immediately.

(8) The Captain of the Port will notify

the public of changes in the status of

this zone by Marine Safety Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHz).

(c) Effective dates: This section is

effective at 10:00 a.m. on March 21,

1997 and terminates at 12 p.m. on April

5, 1997.

Dated: March 21, 1996.

Timothy W. Josiah,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 97–8108 Filed 3–31–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AF29

Reduction of Debt Through the

Performance of Work-Study Services

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document adopts as a

final rule amendments to the general

regulations of the Department of

Veterans Affairs (VA). The amendments

provide that the money payable for

performance of work-study services may

be offset against an individual’s

outstanding debt to the United States

arising from participation in educational

and vocational rehabilitation programs

VA administers. The adoption of this

change helps veterans pay outstanding

debts to the United States.

EFFECTIVE DATES: May 1, 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 Ave., NW,

Washington, DC 20420 (202) 273–7187.

SUPPLEMENTARY INFORMATION: On August

5, 1996, VA published in the Federal

Register (61 FR 40589) a proposed rule

to permit individuals who have an

outstanding debt to the United States

arising from participation in educational

and vocational rehabilitation programs

VA administers to liquidate that debt

through the performance of work-study

services. The public was given 60 days

to submit comments. VA received no

comments.

Accordingly, based on the rationale

set forth in the proposed rule document,

we are adopting the provisions of the

proposed rule as a final rule. For the

purposes of clarity, the organization of

§ 1.929(b) is slightly modified. This final

rule also affirms the information in the

proposed rule document concerning the

Regulatory Flexibility Act.

The Catalog of Federal Domestic

Assistance numbers for the programs

affected by this final rule are 64.116,

64.117, 64.120, and 64.124. This final

rule also affects the Montgomery GI

Bill—Selected Reserve for which there

is no Catalog of Federal Domestic

Assistance number.

List of Subjects in 38 CFR Part 1

Administrative practice and

procedure, Cemeteries, Claims,

Employment, Flags, Freedom of

information, Government contracts,

Government employees, Government

property, Inventions and patents,

Investigations, Privacy, Seals and

insignia.

Approved: December 23, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 1 is amended as

set forth below.

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.
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15401

2. Section 1.929 and its authority

citations are added under the

undesignated center heading

‘‘STANDARDS FOR COLLECTION OF

CLAIMS’’ to read as follows:

§ 1.929 Reduction of debt through

performance of work-study services.

(a) Scope. (1) Subject to the provisions

of this section VA may allow an

individual to reduce an indebtedness to

the United States through offset of

benefits to which the individual

becomes entitled by performance of

work-study services under 38 U.S.C.

3485 and 3537 when the debt arose by

virtue of the individual’s participation

in a benefits program provided under

any of the following:

(i) 38 U.S.C. chapter 30;

(ii) 38 U.S.C. chapter 31;

(iii) 38 U.S.C. chapter 32;

(iv) 38 U.S.C. chapter 34;

(v) 38 U.S.C. chapter 35;

(vi) 38 U.S.C. chapter 36 (other than

an education loan provided under

subpart F, part 21 of this title); or

(vii) 10 U.S.C. chapter 1606 (other

than an indebtedness arising from a

refund penalty imposed under 10 U.S.C.

16135).

(2) This section shall not apply in any

case in which the individual has a

pending request for waiver of the debt

under §§ 1.950 through 1.970.

(Authority: 38 U.S.C. 3485(e)(1); Pub. L. 102–

16)

(b) Selection criteria. (1) If there are

more candidates for a work-study

allowance than there are work-study

positions available in the area in which

the services are to be performed, VA

will give priority to the candidates who

are pursuing a program of education or

rehabilitation.

(2) Only after all candidates in the

area described in paragraph (b)(1) of this

section either have been given workstudy contracts or have withdrawn their

request for contracts will VA offer

contracts to those who are not pursuing

a program of education or rehabilitation

and who wish to reduce their

indebtedness through performance of

work-study services.

(3) VA shall not offer a contract to an

individual who is receiving

compensation from another source for

the work-study services the individual

wishes to perform.

(4) VA shall not offer a contract to an

individual if VA determines that the

debt can be collected through other

means such as collection in a lump sum,

collection in installments as provided in

§ 1.917 or compromise as provided in

§ 1.918.

(Authority: 38 U.S.C. 3485(e); Pub. L. 102–

16)

(c) Utilization. The work-study

services to be performed under a debtliquidation contract will be limited as

follows:

(1) If the individual is concurrently

receiving educational assistance in a

program administered by VA, workstudy services are limited to those

allowed in the educational program

under which the individual is receiving

benefits.

(2) If the individual is not

concurrently receiving educational

assistance in a program administered by

VA, the individual may perform only

those work-study services and activities

which are or were open to those

students receiving a work-study

allowance while pursuing a program of

education pursuant to the chapter under

which the debt was incurred.

(Authority: 38 U.S.C. 3485(e); Pub. L. 102–

16)

(d) Contract to perform services. (1)

The work-study services performed to

reduce indebtedness shall be performed

pursuant to a contract between the

individual and VA.

(2) The individual shall perform the

work-study services required by the

contract at the place or places

designated by VA.

(3) The number of hours of services to

be performed under the contract must

be sufficient to enable the individual to

become entitled to a sum large enough

to liquidate the debt by offset.

(4) The number of weeks in the

contract will not exceed the lesser of—

(i) The number of weeks of services

the individual needs to perform to

liquidate his or her debt; or

(ii) 52.

(5) In determining the number of

hours per week and the number of

weeks under paragraphs (d)(3) and

(d)(4) of this section necessary to

liquidate the debt, VA will use the

amount of the account receivable,

including all accrued interest,

administrative costs and marshall fees

outstanding on the date the contract is

offered to the individual and all accrued

interest, administrative costs and

marshall fees VA estimates will have

become outstanding on the debt on the

date the debt is to be liquidated.

(6) The contract will automatically

terminate after the total amount of the

individual’s indebtedness described in

paragraph (d)(5) of this section has been

recouped, waived, or otherwise

liquidated. An individual performing

work-study services under a contract to

liquidate a debt is released from the

contract if the debt is liquidated by

other means.

(7) The contract to perform workstudy services for the purpose of

liquidating indebtedness will be

terminated if:

(i) The individual is liquidating his or

her debt under this section while

receiving either an educational

assistance allowance for further pursuit

of a program of education or a

subsistence allowance for further

pursuit of a program of rehabilitation;

(ii) The individual terminates or

reduces the rate of pursuit of his or her

program of education or rehabilitation;

and

(iii) The termination or reduction

causes an account receivable as a debt

owed by the individual.

(8) VA may terminate the contract at

any time the individual fails to perform

the services required by the contract in

a satisfactory manner.

(Authority: 38 U.S.C. 3485(e), 7104(a); Pub.

L. 102–16)

(e) Reduction of indebtedness. (1) In

return for the individual’s agreement to

perform hours of services totaling not

more than 40 times the number of weeks

in the contract, VA will reduce the

eligible person’s outstanding

indebtedness by an amount equal to the

higher of—

(i) The hourly minimum wage in

effect under section 6(a) of the Fair

Labor Standards Act of 1938 times the

number of hours the individual works;

or

(ii) The hourly minimum wage under

comparable law of the State in which

the services are performed times the

number of hours the individual works.

(2) VA will reduce the individual’s

debt by the amount of the money earned

for the performance of work-study

services after the completion of each 50

hours of services (or in the case of any

remaining hours required by the

contract, the amount for those hours).

(Authority: 38 U.S.C. 3485(e); Pub. L. 102–

16)

(f) Suspension of collections by offset.

Notwithstanding the provisions of

§ 1.912a, during the period covered by

the work-study debt-liquidation contract

with the individual, VA will ordinarily

suspend the collection by offset of a

debt described in paragraph (a)(1) of this

section. However, the individual may

voluntarily permit VA to collect part of

the debt through offset against other

benefits payable while the individual is

performing work-study services. If the

contract is terminated before its

scheduled completion date, and the

debt has not been liquidated, collection

through offset against other benefits

payable will resume on the date the

contract terminates.

(Authority: 38 U.S.C. 3485(e); Pub. L. 102–

16)
15402 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

(g) Payment for additional hours. (1)

If an individual, without fault on his or

her part, performs work-study services

for which payment may not be

authorized, including services

performed after termination of the

contract, VA will pay the individual at

the applicable hourly minimum wage

for such services as the Director of the

VA field station of jurisdiction

determines were satisfactorily

performed.

(2) The Director of the VA field

station of jurisdiction shall determine

whether the individual was without

fault. In making this decision he or she

shall consider all evidence of record and

any additional evidence which the

individual wishes to submit.

(Authority: 38 U.S.C. 3485(e); Pub. L. 102–

16)

[FR Doc. 97–8140 Filed 3–31–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[WI73–01–7302(b); FRL–5691–7]

Approval of Section 112(l) Program of

Delegation; Wisconsin

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving, through a

‘‘direct final’’ procedure, Wisconsin’s

request for delegation of the Federal air

toxics program contained within 40 CFR

Parts 61 and 63 pursuant to Section

112(l) of the Clean Air Act (CAA) as

amended. The State’s requested

mechanism of delegation involves either

the delegation of all existing and future

Section 112 standards as federally

promulgated, for promulgation as State

standards (or rules), or to incorporate

Federal standards into State air

pollution control permits, reserving the

right to promulgate the standards as a

State rule at a later time. The actual

delegation of authority will occur

through a memorandum of agreement

(MOA) between the Wisconsin

Department of Natural Resources

(WDNR) and EPA. This request for

approval of the mechanism of

delegation encompasses all sources not

covered by the 40 CFR Part 70 operating

permit program.

DATES: This action will become effective

June 2, 1997, unless adverse or critical

comments not previously addressed by

the State or EPA are received by May 1,

1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the State’s

submittal and other supporting

information used in developing the

approval are available for inspection

during normal business hours at the

following location: EPA Region 5, 77

West Jackson Boulevard, AR–18J,

Chicago, Illinois, 60604. Please contact

Constantine Blathras at (312) 886–0671

to arrange a time if inspection of the

submittal is desired.

Effective immediately, all

notifications, reports and other

correspondence required under Section

112 standards should be sent to the

State of Wisconsin rather than to the

EPA, Region 5, in Chicago. Affected

sources should send this information to:

Bureau of Air Management, Wisconsin

Department of Natural Resources, 101 South

Webster Street, P.O. Box 7921, Madison,

Wisconsin 53707.

FOR FURTHER INFORMATION CONTACT:

Constantine Blathras, AR–18J, 77 West

Jackson Boulevard, Chicago, Illinois,

60604, (312) 886–0671.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Section 112(l) of the CAA enables the

EPA to approve State air toxics

programs or rules to operate in place of

the Federal air toxics program. The

Federal air toxics program implements

the requirements found in Section 112

of the CAA pertaining to the regulation

of hazardous air pollutants. Approval of

an air toxics program is granted by the

EPA if the Agency finds that the State

program: (1) Is ‘‘no less stringent’’ than

the corresponding Federal program or

rule, (2) the State has adequate authority

and resources to implement the

program, (3) the schedule for

implementation and compliance is

sufficiently expeditious, and (4) the

program is otherwise in compliance

with Federal guidance. Once approval is

granted, the air toxics program can be

implemented and enforced by State or

local agencies, as well as EPA.

Implementation by local agencies is

dependent upon appropriate

subdelegation.

On December 22, 1995, Wisconsin

submitted to EPA a request for

delegation of authority to implement

and enforce the air toxics program

under Section 112 of the CAA. On

March 28, 1996, EPA found the State’s

submittal complete. In this document

EPA is taking final action to approve the

program of delegation for Wisconsin.

II. Review of State Submittal

A. Program Summary

Requirements for approval, specified

in Section 112(l)(5), require that a

State’s program contain adequate

authorities, adequate resources for

implementation, and an expeditious

compliance schedule. These

requirements are also requirements for

an adequate operating permits program

under Part 70 (40 CFR 70.4). EPA

promulgated a final interim approval

under Part 70 of the State of Wisconsin’s

Operating Permit Program on March 6,

1995 (60 FR 12128–12137). The notice

included the approval of a mechanism

for delegation of all Section 112

standards for sources subject to the Part

70 program. Sources subject to the Part

70 program are those sources that are

operating pursuant to a Part 70 permit

issued by the State or EPA. Sources not

subject to the Part 70 program are those

sources that are not required to obtain

a Part 70 permit from either the State or

EPA. This action supplements the Part

70 rulemaking in that Wisconsin will

have the authority to implement and

enforce the Section 112 air toxics

program regardless of a source’s Part 70

applicability. The Wisconsin program of

delegation for sources not subject to Part

70 will not include delegation of

Section 112(r) authority nor Section

112(i)(5) Early Reductions Program

authority.

As stated above, this document

constitutes EPA’s approval of

Wisconsin’s program of delegation of all

existing and future air toxics standards,

except for Section 112(i)(5) and Section

112(r) standards as they pertain to nonPart 70 sources. The Wisconsin program

of delegation will operate as follows:

For a future Section 112 standard for

which WDNR intends to accept straight

delegation, EPA will delegate the

authority to implement a Section 112

standard to the State by letter unless

WDNR notifies EPA differently within

45 days of EPA final promulgation of

the standard. WDNR will as

expeditiously as practicable and, if

possible, within 18 months of the

promulgation by EPA of a Section 112

standard which is applicable to non-Part

70 sources, adopt such standard into the

State air quality regulations. Upon

completion of such regulatory action,

WDNR will submit to EPA proof of

adoption. EPA shall respond with a

letter delegating enforcement authority

to the WDNR with respect to the

adopted standard.

For a source category for which

Wiconsin wishes to adopt its own rules,

WDNR shall submit for approval to EPA

State rules varying from the Federal