35828 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

unprotected open bead polystyrene

products, such a statement should be

made outright in the new standards.

Again, the standards were written to

provide a framework for identifying

measurable outcomes. If unprotected

open bead polystyrene does not meet

the standards as written, it cannot be

allowed as flotation. Whether it is

mentioned specifically in the standards

or not is irrelevant.

V. Fire Resistance

Several comments were received

regarding the fire resistance

requirements for floats and flotation.

One stated that although some

encasements, such as wood and

plywood, support combustion, most

encasements are not known to feed fires.

In fact, most fires start on boats and

spread to the docks.

The purpose of the ‘‘fire resistant’’

statement is to ensure that the

encasement or its flotation material is

not constructed of a material that would

heighten or intensify an existing fire.

This requirement does not mean ‘‘fire

proof’’ or ‘‘non-combustible.’’ In

addition, the float and its flotation

material must be resistant to combustion

when either comes in direct contact

with petroleum products.

Procedural Requirements

Executive Order (E.O.) 12866

The Secretary of the Army has

determined that this final rule is not a

‘‘major’’ rule within the meanng of

Executive Order (E.O.) 12866. This final

rule will not (1) have an annual effect

on the economy of $100 million or

more; (2) cause a major increase in costs

or prices for consumers, individual

industries, geographic regions; or (3)

have significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of a United States-based

enterprise to compete with foreignbased enterprise in domestic or export

markets.

Regulatory Flexibility Act

This final rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

Collection of Information

This final rule contains no collection

of information under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.).

Executive Order 12612

The Corps has analyzed this final rule

under principles and criteria in E.O.

12612 and has determined that this final

rule does not have sufficient Federalism

implications to warrant preparation of a

Federalism Assessment.

Executive Order 12630

The Corps has determined that this

final rule does not have ‘‘significant’’

taking implications. The final rule does

not pertain to taking of private property

interests, nor does it impact private

property.

NEPA Statement

The Corps has determined that this

final rule does not constitute a major

Federal action significantly affecting the

quality of the human environment and

that no detailed statement is required

pursuant to the National Environmental

Policy Act of 1969.

Unfunded Mandates Act of 1995

The final rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

List of Subjects in 36 CFR Part 327

Public lands, Shoreline management.

For the reasons set forth in the

preamble, 36 CFR part 327, is amended

as follows:

36 CFR PART 327, RULES AND

REGULATIONS GOVERNING PUBLIC

USE OF WATER RESOURCE

DEVELOPMENT PROJECTS

ADMINISTERED BY THE CHIEF OF

ENGINEERS

1. The authority citation for 36 CFR

part 327 continues to read as follows:

Authority: 16 U.S.C. 460d and 460l–6a.

2. Appendix A to § 327.30 is amended

by revising paragraph 2c(9) as follows:

Appendix A to § 327.30—Guidelines for

Granting Shoreline Use Permits

* * * * *

2. * * *

c. * * *

(9) The district commander or his/her

authorized representative may place special

conditions on the permit when deemed

necessary. Requests for waivers of shoreline

management plan permit conditions based on

health conditions will be reviewed on a case

by case basis by the Operations Manager.

Efforts will be made to reduce onerous

requirements when a limiting health

condition is obvious or when an applicant

provides a doctor’s certification of need for

conditions which are not obvious.

* * * * *

3. Appendix C to § 327.30 is amended

by revising paragraph 14, to read as

follows:

Appendix C to § 327.30—Shoreline Use

Permit Conditions

* * * * * *

14. Floats and the flotation material for all

docks and boat mooring buoys shall be

fabricated of materials manufactured for

marine use. The float and its flotation

material shall be 100% warranted for a

minimum of 8 years against sinking,

becoming waterlogged, cracking, peeling,

fragmenting, or losing beads. All floats shall

resist puncture and penetration and shall not

be subject to damage by animals under

normal conditions for the area. All floats and

the flotation material used in them shall be

fire resistant. Any float which is within 40

feet of a line carrying fuel shall be 100%

impervious to water and fuel. The use of new

or recycled plastic or metal drums or noncompartmentalized air containers for

encasement or floats is prohibited. Existing

floats are authorized until it or its flotation

material is no longer serviceable, at which

time it shall be replaced with a float that

meets the conditions listed above. For any

floats installed after the effective date of this

specification, repair or replacement shall be

required when it or its flotation material no

longer performs its designated function or it

fails to meet the specifications for which it

was originally warranted.

* * * * * *

Dated: June 23, 1998.

Robert W. Burkhardt,

Colonel, Corps of Engineers, Executive

Director or Civil Works.

[FR Doc. 98–17396 Filed 6–30–98; 8:45 am]

BILLING CODE 3710–92–P

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Parts 1220, 1222, 1228, 1230,

1234, and 1238

RIN 3095–AA85

Technical Amendments to Records

Management Regulations

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule; technical

amendments.

SUMMARY: NARA is updating

organizational titles and addresses in 36

CFR ch. XII, subchapter B, to reflect the

current organizations that perform the

functions. Since the regulations in 36

CFR ch. XII, subchapter B, were last

revised, NARA has reorganized and

renamed the offices that have records

management responsibilities.

Additionally, the offices have been

relocated to the Archives II facility in

College Park. Updating the titles and

addresses will facilitate agency and

public correspondence with NARA.

EFFECTIVE DATE: July 1, 1998.
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35829

FOR FURTHER INFORMATION CONTACT:

Nancy Allard at (301) 713–7360,

extension 226.

SUPPLEMENTARY INFORMATION: This rule

is being issued as a final rule without

prior notice of proposed rulemaking

because under 5 U.S.C. 553 (b)(3)(A) it

is exempt from notice-and-comment

procedure as it solely concerns matters

relating to internal agency organization.

NARA finds good cause to issue this

rule with an immediate effective date

under 5 U.S.C. 553(d)(3) because it is a

nonsubstantive rule that only updates

organizational titles and addresses.

This rule is not a significant

regulatory action for the purposes of

Executive Order 12866, and has not

been reviewed by OMB. As required by

the Regulatory Flexibility Act, it is

hereby certified that this rule will not

have a significant impact on small

entities.

For the reasons set forth in the

preamble, and under the authority of 44

U.S.C. 2104, NARA is amending chapter

XII of title 36, Code of Federal

Regulations, as follows:

PART 1220—FEDERAL RECORDS;

GENERAL

1. In the following table, for each

section indicated in the left column,

remove the words indicated in the

middle column from wherever they

appear in the section, and add the

words indicated in the right column:

Section Remove Add in its place

1220.40 ......... Office of Records Administration, National Archives (NIA),

Washington, DC 20408.

NARA, Life Cycle Management Division (NWML), 8601

Adelphi Rd., College Park, MD 20740–6001

1220.40 ......... Office of Records Administration ................................................ Life Cycle Management Division

1220.54 ......... Assistant Archivist for Records Administration ........................... Director, Life Cycle Management Division

PART 1222—CREATION AND MAINTENANCE OF FEDERAL RECORDS

2. In § 1222.20(b)(3), remove the words ‘‘NARA (NI)’’ , and add in their place ‘‘NARA (NWML)’’.

PART 1228—DISPOSITION OF FEDERAL RECORDS

3. In the following table, for each section indicated in the left column, remove the words indicated in the middle

column from wherever they appear in the section, and add the words indicated in the right column:

Section Remove Add in its place

1228.26 ............. NARA (NIR) .............................................................................. NARA (NWML)

1228.46 ............. NARA (NI) ................................................................................. NARA (NWM)

1228.50 ............. (NIR) .......................................................................................... (NWML)

1228.54 ............. National Archives and Records Administration (NIR) .............. National Archives and Records Administration (NWML)

1228.54 ............. NARA (NIR), Washington, DC 20408 ....................................... NARA (NWML), 8601 Adelphi Rd., College Park, MD 20740–

6001

1228.54 ............. Office of Federal Records Centers (NC) .................................. Office of Regional Records Services (NR)

1228.60 ............. NARA (NIR), Washington, DC 20408 ....................................... NARA (NWML), 8601 Adelphi Rd., College Park, MD 20740–

6001

1228.74 ............. NARA (NIR), Washington, DC 20408 ....................................... NARA (NWML), 8601 Adelphi Rd., College Park, MD 20740–

6001

1228.78 ............. NARA (NIR) .............................................................................. NARA (NWML)

1228.92 ............. NARA (NIR) .............................................................................. NARA (NWML)

1228.92 ............. NARA (NIR), Washington, DC 20408 ....................................... NARA (NWML), 8601 Adelphi Rd., College Park, MD 20740–

6001

1228.94 ............. NARA (NIR) .............................................................................. NARA (NWML)

1228.104 ........... NARA (NIR) Washington, DC 20408 ........................................ NARA (NWML), 8601 Adelphi Rd., College Park, MD 20740–

6001

1228.124 ........... National Archives (NIR) ............................................................ NARA (NWML)

1228.152 ........... National Archives (NC), Washington, DC 20408 ..................... NARA (NR), 8601 Adelphi Rd., College Park, MD 20740–

6001

1228.154 ........... Assistant Archivist for Federal Records Centers, National Archives and Records Administration (NC), Washington, DC

20408.

Assistant Archivist for Regional Records Services, NARA

(NR), 8601 Adelphi Rd., College Park, MD 20740–6001

1228.154 ........... Records Appraisal and Disposition Division (NIR) ................... Life Cycle Management Division (NWML)

1228.156 ........... National Archives (NC), Washington, DC 20408 ..................... NARA (NR), 8601 Adelphi Rd., College Park, MD 20740–

6001

1228.190 ........... Office of the National Archives (NN) ........................................ Office of Records Services—Washington, DC (MWMD)

1228.190 ........... Regional Archives ..................................................................... Regional Records Services Facility

1228.222(a)(3) .. National Archives (NC), Washington, DC 20408 ..................... NARA (NR), 8601 Adelphi Rd., College Park, MD 20740–

6001

1228.224 ........... Office of Federal Records Centers (NC), National Archives,

Washington, DC 20408.

Office of Regional Records Services (NR), NARA, 8601

Adelphi Rd., College Park, MD 20470–6001

PART 1230—MICROGRAPHIC RECORDS MANAGEMENT

4. In the following table, for each section indicated in the left column, remove the words indicated in the middle

column from wherever they appear in the section, and add the words indicated in the right column:

Section Remove Add in its place

1230.7 ........... (NI), Washington, DC 20408 ...................................................... (NWM), 8601 Adelphi Rd., College Park, MD 20740–6001
35830 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

Section Remove Add in its place

1230.50 ......... Office of Federal Records Centers, National Archives (NC),

Washington, DC 20408.

Office of Regional Records Services (NR), 8601 Adelphi Rd.,

College Park, MD 20740–6001

PART 1234—ELECTRONIC RECORDS

MANAGEMENT

5. In § 1234.10(a), remove the words

‘‘Office of Records Administration (NI),

Washington, DC 20408’’, and add in

their place the words ‘‘Modern Records

Programs (NWM), 8601 Adelphi Rd.,

College Park, MD 20740–6001’’.

PART 1238—PROGRAM ASSISTANCE

6. In § 1238.2, remove the words

‘‘Agency Services Division, Office of

Records Administration, National

Archives (NIA), Washington, DC 20408’’

and add in their place the words

‘‘NARA Life Cycle Management

Division (NWML), 8601 Adelphi Rd.,

College Park, MD 20740–6001’’.

7. Also in § 1238.2, remove the words

‘‘director of the appropriate Federal

records center regarding records in or

scheduled for transfer to the records

center, or the director of the appropriate

regional archives regarding records in or

scheduled for transfer to the regional

archives’’ and add in their place the

words ‘‘appropriate Regional

Administrator regarding records in or

scheduled for transfer to the records

center and/or the archival operations

within the region’’.

Dated: June 25, 1998.

John W. Carlin,

Archivist of the United States.

[FR Doc. 98–17462 Filed 6–30–98; 8:45 am]

BILLING CODE 7515–01–P

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AF85

Veterans Education: Suspension and

Discontinuance of Payments

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Final rule.

SUMMARY: This document makes

changes to the Department of Veterans

Affairs (VA) education regulations. It

requires that a Director of a VA field

station obtain recommendations from a

Committee on Educational Allowances

before deciding whether to suspend or

discontinue payments of educational

assistance when educational institutions

(including training establishments) fail

to meet requirements. It also establishes

procedural and composition

requirements for the Committees, and it

establishes hearing rules for the

Committees. In addition, it provides that

upon the request of the affected

educational institution, the Director of

the Education Service will determine,

on the basis of the evidence of record,

appeals of a decision concerning such

suspension or discontinuance of

payments of educational assistance. The

changes apply to the following

educational assistance programs:

Montgomery GI Bill—Active Duty,

Montgomery GI Bill—Selected Reserve,

Survivors’ and Dependents’ Educational

Assistance, the Post-Vietnam Era

Veterans’ Educational Assistance

Program, and the Educational

Assistance Pilot Program. The changes

are appropriate to ensure proper

decisionmaking. In addition,

nonsubstantive changes are made for the

purpose of clarification.

DATES: Effective Date: July 31, 1998.

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Education

Advisor, Education Service, Veterans

Benefits Administration, Department of

Veterans Affairs, (202) 273–7187.

SUPPLEMENTARY INFORMATION: In a

document published in the Federal

Register on August 28, 1997 (62 FR

45596), VA, the Department of Defense,

and the Department of Transportation

(Coast Guard) proposed to amend the

‘‘Administration of Educational

Assistance Programs’’ regulations which

are set forth at 38 CFR 21.4001 et seq.

It was proposed to make changes to the

regulations concerning suspension or

discontinuance of payments of

educational assistance when

educational institutions (including

training establishments) fail to meet

requirements to report certain

occurrences concerning the enrollments

of individuals in the following

educational assistance programs:

Montgomery GI Bill—Active Duty,

Montgomery GI Bill—Selected Reserve,

Survivors’ and Dependents’ Educational

Assistance, the Post-Vietnam Era

Veterans’ Educational Assistance

Program (VEAP), and the Educational

Assistance Pilot Program.

Interested persons were given 60 days

to submit comments. One comment was

received from the National Association

of State Approving Agencies (NASAA).

The provisions of proposed

§ 21.4210(e) stated, in part:

(e) Actions that must accompany a mass

suspension of educational assistance

payments or suspension of approval of

enrollments and reenrollments in a course or

educational institution. (1) The Director of

the VA facility of jurisdiction may suspend

payment of educational assistance and may

suspend approval of new enrollments and

reenrollments as provided in paragraph (d) of

this section, only after:

(i) The Director notifies in writing the State

approving agency concerned and the

educational institution of any failure to meet

the approval requirements and any violation

of recordkeeping or reporting requirements;

and

(ii) The educational institution—

(A) Refuses to take corrective action; or

(B) Does not take corrective action within

60 days (or 90 days if permitted by the

Director).

NASAA suggested that an alternative

should be added to avoid a suspension

if a State approving agency took action

to resolve the failure to meet approval

requirements, and a report of the

corrective action were made to VA

within 30 days of the Director’s

notification. No changes are made based

on this comment. The rule provides for

notice to the State approving agency and

we would expect the State approving

agency to become involved in the

matter. However, the provisions of the

rule allowing corrective action to be

taken within 60 or 90 days would