Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations 20743

including USPS employees, contract

employees, and contractor-operated

facilities engaged in USPS mail

operations.

(2) In addition, any hazard, industry,

geographical area, operation or facility

over which the State is unable to

effectively exercise jurisdiction for

reasons which OSHA determines are not

related to the required performance or

structure of the plan shall be deemed to

be an issue not covered by the State

plan which has received final approval,

and shall be subject to Federal

enforcement. Where enforcement

jurisdiction is shared between Federal

and State authorities for a particular

area, project, or facility, in the interest

of administrative practicability Federal

jurisdiction may be assumed over the

entire project or facility. In any of the

aforementioned circumstances, Federal

enforcement authority may be exercised

after consultation with the State

designated agency.

(c) Federal authority under provisions

of the Act not listed in section 18(e) is

unaffected by final approval of the

Nevada State plan. Thus, for example,

the Assistant Secretary retains his

authority under section 11(c) of the Act

with regard to complaints alleging

discrimination against employees

because of the exercise of any right

afforded to the employee by the Act,

although such complaints may be

referred to the State for investigation.

The Assistant Secretary also retains his

authority under section 6 of the Act to

promulgate, modify or revoke

occupational safety and health

standards which address the working

conditions of all employees, including

those in States which have received an

affirmative 18(e) determination,

although such standards may not be

Federally applied. In the event that the

State’s 18(e) status is subsequently

withdrawn and Federal authority

reinstated, all Federal standards,

including any standards promulgated or

modified during the 18(e) period, would

be Federally enforceable in that State.

(d) As required by section 18(f) of the

Act, OSHA will continue to monitor the

operations of the Nevada State program

to assure that the provisions of the State

plan are substantially complied with

and that the program remains at least as

effective as the Federal program. Failure

by the State to comply with its

obligations may result in the suspension

or revocation of the final approval

determination under Section 18(e),

resumption of Federal enforcement,

and/or proceedings for withdrawal of

plan approval.

§ 1952.296 Where the plan may be

inspected.

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations: Office

of State Programs, Directorate of

Federal-State Operations, Occupational

Safety and Health Administration, U.S.

Department of Labor, 200 Constitution

Avenue NW, Room N3700, Washington,

DC 20210; Office of the Regional

Administrator, Occupational Safety and

Health Administration, Room 415, 71

Stevenson Street, San Francisco,

California 94105; Office of the State

Designee, Administrator, Nevada

Division of Industrial Relations, 400

West King Street, Suite 400, Carson

City, Nevada 89703.

[FR Doc. 00–9297 Filed 4–17–00; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–121]

RIN 2115–AE47

Drawbridge Operation Regulations:

Harlem River, Newtown Creek, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary final rule

governing the operation of three New

York City Bridges; the Third Avenue

Bridge, mile 1.9, across the Harlem

River between Manhattan and the

Bronx, the Madison Avenue Bridge,

mile 2.3, across the Harlem River

between Manhattan and the Bronx, and

the Pulaski Bridge, mile 0.6, across

Newtown Creek between Brooklyn and

Queens. This temporary final rule

authorizes the bridge owner to close the

above bridges on May 7, 2000, at

different times of short duration to

facilitate the running of the Five Boro

Bike Tour. Vessels that can pass under

the bridges without a bridge opening

may do so at any time.

DATES: This temporary final rule is

effective from 8 a.m. until 12 p.m. on

Sunday, May 7, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket (CGD01–00–121) and are

available for inspection or copying at

the First Coast Guard District, Bridge

Branch Office, 408 Atlantic Avenue,

Boston, Massachusetts, 02110, 6:30 a.m.

to 3 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John W. McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Regulatory Information

The Coast Guard has determined that

good cause exists under the

Administrative Procedure Act (5 U.S.C.

553) to forego notice and comment for

this rulemaking because notice and

comment are impracticable. The Coast

Guard believes notice and comment are

impracticable because the requested

closures are of such short duration. In

the last two years, there have been few

requests to open these bridges on

Sunday during the hours they will be

closed. Vessel traffic on the Harlem

River and Newtown Creek is mostly

commercial vessels that normally pass

under the draws without openings. The

commercial vessels that do require

openings are work barges that do not

operate on Sundays. The Coast Guard,

for the reasons just stated, has also

determined that good cause exists for

this rule to be effective less than 30 days

after it is published in the Federal

Register.

Background

Third Avenue Bridge. The Third

Avenue Bridge, mile 1.9, across the

Harlem River between Manhattan and

the Bronx, has a vertical clearance of 25

feet at mean high water and 30 feet at

mean low water in the closed position.

The existing operating regulations listed

at § 117.789(c) require the draw to open

on signal from 10 a.m. to 5 p.m., if at

least a four-hour notice is given to the

New York City Highway Radio (Hotline)

Room. From 5 p.m. to 10 a.m., the draw

need not be opened for vessel traffic.

Madison Avenue Bridge. The Madison

Avenue Bridge, mile 2.3, across the

Harlem River between Manhattan and

the Bronx, has a vertical clearance of 25

feet at mean high water and 29 feet at

mean low water in the closed position.

The existing operating regulations listed

at § 117.789(c) require the draw to open

on signal from 10 a.m. to 5 p.m., if at

least a four-hour notice is given to the

New York City Highway Radio (Hotline)

Room. From 5 p.m. to 10 a.m., the draw

need not be opened for vessel traffic.

Pulaski Bridge. The Pulaski Bridge,

mile 0.6, across the Newtown Creek

between Brooklyn and Queens, has a

vertical clearance of 39 feet at mean

high water and 43 feet at mean low

water in the closed position. The

existing operating regulations require

the draw to open on signal at all times.

20744 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations

The New York City Department of

Transportation (NYCDOT) requested a

change to the operating regulations for

the Third Avenue Bridge, the Madison

Avenue Bridge, and the Pulaski Bridge

on May 7, 2000, to allow the bridges to

remain in the closed position at

different times to facilitate the running

of the Five Boro Bike Tour.

The Third Avenue Bridge, mile 1.9,

across the Harlem River between

Manhattan and the Bronx and the

Madison Avenue Bridge, mile 2.3,

across the Harlem River between

Manhattan and the Bronx, shall remain

in the closed position from 8 a.m. to 11

a.m. on May 7, 2000. The Pulaski

Bridge, mile 0.6, across the Newtown

Creek between Brooklyn and Queens,

shall remain in the closed position from

9 a.m. to 12 p.m. on May 7, 2000.

Vessels that can pass under the

bridges without bridge openings may do

so at all times.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). This

conclusion is based on the fact that the

requested closures are of short duration

and on Sunday morning when there

have been few requests to open these

bridges.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612) we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ comprises small

businesses, not-for profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This conclusion is based on the fact that

the requested closures are of short

duration and on Sunday when there

have been few requests to open these

bridges.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we offered to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. Small businesses may send

comments on the actions of Federal

employees who enforce, or otherwise

determine compliance with, Federal

regulations to the Small Business and

Agriculture Regulatory Enforcement

Ombudsman and the Regional Small

Business Regulatory Fairness Boards.

The Ombudsman evaluates these

actions annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph (32)(e) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found to not have

a significant effect on the environment.

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.

Regulations

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. In section 117.789, from 8 a.m.

through 11 a.m. on May 7, 2000,

paragraph (c) is temporarily suspended

and a new paragraph (g) is added to read

as follows:

§ 117.789 Harlem River

* * * * *

(g) The draws of the Third Avenue

Bridge, mile 1.9, and the Madison

Avenue Bridge, mile 2.3, across the

Harlem River between Manhattan and

the Bronx, need not open for vessel

traffic on May 7, 2000, from 8 a.m. to

11 a.m.

3. In section 117.801, from 9 a.m.

through 12 p.m. on May 7, 2000, a new

paragraph (a)(5) is added to read as

follows:

§ 117.801 Newtown Creek, Dutch Kills,

English Kills, and their tributaries.

(a) * * *

(5) The draw of the Pulaski Bridge,

mile 0.6, across the Newtown Creek

between Brooklyn and Queens, need not

open for vessel traffic on May 7, 2000,

from 9 a.m. to 12 p.m.

* * * * *

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations 20745

Dated: April 6, 2000.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 00–9639 Filed 4–17–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AJ69

Modified Eligibility Criteria for the

Montgomery GI Bill—Active Duty

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

educational assistance and education

benefit regulations of the Department of

Veterans Affairs (VA). The amendments

reflect statutory changes in the

eligibility criteria for the Montgomery

GI Bill—Active Duty which were made

by the Veterans Programs Enhancement

Act of 1998. This document also makes

other changes for the purpose of

clarification.

DATES: Effective Date: This final rule is

effective April 18, 2000.

Applicability Date: October 1, 1998.

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Education

Advisor, Education Service (225C),

Veterans Benefits Administration, 202–

273–7187.

SUPPLEMENTARY INFORMATION: The

Veterans Programs Enhancement Act of

1998 (Pub. L. 105–368) contains

provisions that affect the educational

assistance and education benefit

regulations. This document amends

these regulations to correspond with

new statutory provisions concerning the

education criteria an individual must

meet in order to establish eligibility for

the Montgomery GI Bill—Active Duty

(MGIB).

To meet the eligibility criteria for the

MGIB, a veteran, among other things,

must have completed the requirements

of a secondary school diploma (or the

equivalency certificate). Previously, if a

veteran did not actually receive a

diploma, by statute a veteran could have

met this criterion only by successfully

completing within statutory deadlines

the equivalent of 12 semester hours.

Public Law 105–368 provides that the

criterion will also be met if the veteran

otherwise receives academic credit for

the equivalent of 12 semester hours.

Thus, a veteran who did not actually

earn 12 semester hours credit, but who

received academic credit for 12 semester

hours because of his or her life

experiences before the applicable

deadline, would now be eligible for

MGIB. We are amending 38 CFR

21.7042, 21.7044, and 21.7045 to reflect

this provision of law. We are also

making nonsubstantive changes for the

purpose of clarity.

Consistent with the effective date

provisions of section 203 of Public Law

105–368, the date of applicability for the

provisions in this final rule that affect

eligibility criteria for the Montgomery

GI Bill—Active Duty is October 1, 1998.

Substantive changes made by this

final rule merely reflect statutory

requirements. Accordingly, there is a

basis for dispensing with prior notice

and comment and delayed effective date

provisions of 5 U.S.C. 552 and 553.

The Secretary of Veterans Affairs

hereby certifies 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. 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.

The Catalog of Federal Domestic

Assistance number for the program affected

by this final rule is 64.124.

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, Health programs,

Loan programs-education, Loan

programs-veterans, Manpower training

programs, Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: April 10, 2000.

Togo D. West, Jr.,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, VA amends 38 CFR part 21

(subpart K) as set forth below:

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

1. The authority citation for part 21,

subpart K is revised to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 36,

unless otherwise noted.

2. In § 21.7042, paragraphs (a)(3)(ii),

(b)(2)(ii), and (c)(4)(ii) are revised to

read as follows:

§ 21.7042 Basic eligibility requirements.

* * * * *

(a) * * *

(3) * * *

(ii) Successfully complete (or

otherwise receive academic credit for)

12 semester hours (or the equivalent) in

a program of education leading to a

standard college degree; and

(Authority: 38 U.S.C. 3011, 3012, 3016)

* * * * *

(b) * * *

(2) * * *

(ii) Successfully complete (or

otherwise receive academic credit for)

12 semester hours (or the equivalent) in

a program of education leading to a

standard college degree;

(Authority: 38 U.S.C. 3011, 3012, 3016)

* * * * *

(c) * * *

(4) * * *

(ii) Successfully complete (or

otherwise receive academic credit for)

12 semester hours (or the equivalent) in

a program of education leading to a

standard college degree.

* * * * *

3. In § 21.7044, paragraphs (a)(3)(ii)

and (b)(3)(ii) are revised to read as

follows:

§ 21.7044 Persons with eligibility under 38

U.S.C. chapter 34.

* * * * *

(a) * * *

(3) * * *

(ii) Successfully complete (or

otherwise receive academic credit for)

12 semester hours (or the equivalent) in

a program of education leading to a

standard college degree. This may be

done at any time.

* * * * *

(b) * * *

(3) * * *

(ii) Successfully complete (or

otherwise receive academic credit for)

12 semester hours (or the equivalent) in

a program of education leading to a

standard college degree. This may be

done at any time.

(Authority: 38 U.S.C. 3012 (a), (b))

* * * * *

4. In § 21.7045, paragraphs (b)(3)(i)

and (c)(3)(i) are revised to read as

follows:

§ 21.7045 Eligibility based on involuntary

separation or voluntary separation.

* * * * *

(b) * * *

(3) Educational requirement. (i)

Before the date on which VA receives