20642 Federal Register / Vol. 60, No. 81 / Thursday, April 27, 1995 / Rules and Regulations

RECONCILIATION OF RELATIVE VALUE FOR THE SUBSEQUENT PERIOD

1

Product

2

PF

shipments

(mbbls)

3

Value/

barrel

(PP)

(wt. avg.)

4

Total

value

(2×3)

5

Relative

value

factor

(3)/(8)

6

Feedstock

distri.

(5×2)

7

Liq.

duties

(6×(10)

(9)

Month End:

Motor Gasoline .................................. 90,212 $35.27 $3,181,777 1.095682 98,844 $10,379

Total Alkylate ..................................... 100,389 41.84 4,200,276 1.299783 130,484 13,701

Heavy Reformate ............................... 258,821 30.66 7,935,452 .952470 246,519 25,885

Reformer Feed .................................. 445,703 30.54 13,611,770 .948742 422,857 44,400

Raffinates ........................................... 755,717 29.69 22,437,238 .922336 697,025 73,188

Jet Fuel .............................................. 753,104 30.42 22,909,424 .945014 711,694 74,726

Total ............................................... 2,403,946 ....................... 74,275,937 ....................... 2,307,423 242,279

(9) (10)

Class III Crude Used 2,307,423×$.105=$242,279

Volumetric Gain 96,523

Avg. Value/Barrel Crude Used=$74,275,937÷2,307,423=$32.19 (8)

Note: Actual monthly reconciliation data could result in attributions on a product basis that are less than or greater than weekly

distributions. This is due to the ‘‘weighing’’ of the data i.e., motor gasoline on a weekly basis was $10,996 as compared to $10,379

as above. No additional duties are due to the averaging.

Michael H. Lane,

Acting Commissioner of Customs.

Approved: April 5, 1995.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 95–10226 Filed 4–26–95; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 3

RIN 2900–AH37

Time Limit for Filing a Claim for REPS

Benefits

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

adjudication regulations concerning the

special allowance known as REPS

(Restored Entitlement Program for

Survivors). This amendment is

necessary to conform the regulations to

a decision of the United States Court of

Appeals for the Federal Circuit which

upheld a decision of the United States

Court of Veterans Appeals invalidating

the VA regulation establishing a time

limit for filing a claim for REPS benefits.

The purpose of the amendment is to

remove the time limit.

EFFECTIVE DATE: This amendment is

effective April 27, 1995.

FOR FURTHER INFORMATION CONTACT: Paul

Trowbridge, Consultant, Regulations

Staff, Compensation and Pension

Service, Veterans Benefits

Administration, 810 Vermont Avenue,

NW, Washington, DC 20420, telephone

(202) 273–7210.

SUPPLEMENTARY INFORMATION: The

Omnibus Budget Reconciliation Act of

1981 amended title 42, United States

Code, to terminate or reduce payment of

the Social Security child’s insurance

benefit and to terminate the mother’s

benefit at the point at which the

youngest child reached age 16.

Previously, the mother’s benefit had

terminated when the youngest child

reached age 18. Section 156 of Pub. L.

97–377, which established a program

known as the Restored Entitlement

Program for Survivors or REPS, in effect,

restored such terminated or reduced

benefits for surviving spouses and

children of veterans who died on active

duty prior to August 13, 1981, or died

as a result of service-connected

disability incurred or aggravated prior to

that date.

Under the authority granted in section

156, VA issued regulations, codified at

38 CFR 3.812, which implemented the

statute. Paragraph (f) of § 3.812 provided

that benefits could be paid from the first

day of the month during which the

claimant first became eligible, if

application was filed within 11 months

following that month. This paragraph

was amended on June 28, 1993, to

require that the application be filed

within 6 months of the month during

which the claimant first became eligible

in order for benefits to be payable from

the first day of the month in which

eligibility arose.

The United States Court of Veterans

Appeals struck down subsections (2)

and (3) of 38 CFR 3.812(f), which

specified the time limits for filing an

application for REPS benefits, in the

case of Cole v. Derwinski, 2 Vet. App.

400 (1992), aff’d, 35 F.3d 551 (Fed. Cir.

1994), involving a claim for the REPS

mother’s benefit. The court relied on its

Cole decision in Skinner v. Brown, 4

Vet. App. 141 (1993), aff’d, 27 F.3d 1571

(Fed. Cir. 1994), a case involving a claim

for the REPS child’s benefit.

In affirming the Court of Veterans

Appeals decision, the United States

Court of Appeals for the Federal Circuit

held that the VA regulation denying

retroactive payment to claimants who

failed to file a REPS claim within 6

months of the month entitlement arose

was contrary to the plain meaning of the

REPS statute, which imposes no time

restrictions on filing, and was therefore

invalid. Paragraph (f) of 38 CFR 3.812 is

therefore amended to show that there is

no time limit for filing a claim for REPS

benefits. The only restriction on

payment to an otherwise eligible

claimant is that no payment can be

made for any period prior to January 1,

1983, the effective date set by the REPS

statute.

This final rule constitutes an

interpretive rule. Accordingly, it is

made effective upon publication.

The Secretary of Veterans Affairs

certifies that this final rule will not have
Federal Register / Vol. 60, No. 81 / Thursday, April 27, 1995 / Rules and Regulations 20643

a significant economic impact on a

substantial number of small entities as

they are defined in the Regulatory

Flexibility Act (RFA), 5 U.S.C. 601–612.

This amendment will directly affect VA

beneficiaries but will not directly affect

small businesses. Therefore, pursuant to

5 U.S.C. 605(b), this final rule is exempt

from the initial and final regulatory

flexibility analyses requirements of

sections 603 and 604.

There are no affected Catalog of

Federal Domestic Assistance Program

numbers.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Health care,

Individuals with disabilities, Pensions,

Veterans.

Approved: April 7, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 3 is amended as

set forth below:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation,

and Dependency and Indemnity

Compensation

1. The authority citation for part 3,

subpart A continues to read as follows:

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

otherwise noted.

2. Section 3.812 is amended by

revising paragraph (f) and the authority

citation following the paragraph to read

as follows:

§ 3.812 Special allowance payable under

section 156 of Pub. L. 97–377.

* * * * *

(f) Retroactivity and effective dates.

There is no time limit for filing a claim

for this special allowance. Upon the

filing of a claim, benefits shall be

payable for all periods of eligibility

beginning on or after the first day of the

month in which the claimant first

became eligible for this special

allowance, except that no payment may

be made for any period prior to January

1, 1983.

(Authority: Sec. 156, Pub. L. 97–377, 96 Stat.

1830, 1920 (1982))

[FR Doc. 95–10315 Filed 4–26–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WI39–03–6674; FRL–5197–5]

Approval and Promulgation of

Implementation Plan; Wisconsin;

Correction

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Technical Amendment.

SUMMARY: This document contains

corrections to a final rule which was

published Monday, August 15, 1994 (59

FR 41711). The final rule approved

volatile organic compound (VOC)

regulations which were incorporated by

reference into the Wisconsin State

Implementation Plan (SIP).

EFFECTIVE DATE: This action is effective

April 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Kathleen D’Agostino at (312) 886–1767.

SUPPLEMENTARY INFORMATION:

Background

On August 15, 1994 (59 FR 41709),

the United States Environmental

Protection Agency (USEPA) approved a

revision to the Wisconsin SIP which

replaced the 154 series stationary source

VOC regulations previously contained

in Wisconsin’s ozone SIP with 400

series regulations which are consistent

with the Wisconsin Administrative

Code. However, when these regulations

were incorporated by reference into the

Wisconsin SIP, USEPA failed to include

the effective dates of the regulations.

Need for Correction

As published, it is unclear which

version of the State’s regulations are

being incorporated by reference.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 31, 1995.

Valdas V. Adamkus,

Regional Administrator.

Correction of Publication

Accordingly, the publication on

August 15, 1994, of the codification of

the final regulations, which were the

subject of FR Doc. 94–19842, is

corrected by making the following

technical amendments:

40 CFR Subpart YY—Wisconsin

Paragraph 52.2570(c)(73) is revised to

read as follows:

§ 52.2570 Identification of plan.

* * * * *

(c) * * *

(73) Revisions to the ozone State

Implementation Plan (SIP) were

submitted by the Wisconsin Department

of Natural Resources on September 22,

1993, and January 14, 1994. These rules

replace the 154 series stationary source

VOC regulations previously contained

in Wisconsin’s ozone SIP with 400

series regulations which are consistent

with the current Wisconsin

Administrative Code. These rules are

only being approved as they apply to

the ozone SIP.

(i) Incorporation by reference. The

following chapters of the Wisconsin

Administrative Code are incorporated

by reference.

(A) Chapter NR 400: AIR POLLUTION

CONTROL DEFINITIONS. NR 400.01 as

published in the (Wisconsin) Register,

February, 1990, No. 410, effective March

1, 1990. NR 400.02 as published in the

(Wisconsin) Register, June, 1993, No.

450, effective July 1, 1993.

(B) Chapter NR 419: CONTROL OF

ORGANIC COMPOUND EMISSIONS,

except for NR 419.07. NR 419.01,

419.02, 419.03, 419.04 and 419.06 as

published in the (Wisconsin) Register,

February, 1990, No. 410, effective March

1, 1990. NR 419.05 as published in the

(Wisconsin) Register, December, 1993,

No. 456, effective January 1, 1994.

(C) Chapter NR 420: CONTROL OF

ORGANIC COMPOUND EMISSIONS

FROM PETROLEUM AND GASOLINE

SOURCES. NR 420.01 as published in

the (Wisconsin) Register, February,

1990, No. 410, effective March, 1, 1990.

NR 420.02 and 420.045 as published in

the (Wisconsin) Register, January, 1993,

No. 445, effective February 1, 1993. NR

420.03 and 420.04 as published in the

(Wisconsin) Register, December, 1993,

No. 456, effective January 1, 1994. NR

420.05 as published in the (Wisconsin)

Register, May, 1992, No. 437, effective

June 1, 1992.

(D) Chapter NR 421: CONTROL OF

ORGANIC COMPOUND EMISSIONS

FROM CHEMICAL, COATINGS AND

RUBBER PRODUCTS

MANUFACTURING. NR 421.01 as

published in the (Wisconsin) Register,

February, 1990, No. 410, Effective

March 1, 1990. NR 421.02, 421.03,

421.05 and 421.06 as published in the

(Wisconsin) Register, December, 1993,

No. 456, effective January 1, 1994. NR

421.04 as published in the (Wisconsin)