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

20746 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations

the individual’s application for

educational assistance under subpart K

of this part, the individual must have:

(A) Successfully completed the

requirements of a secondary school

diploma (or equivalency certificate); or

(B) Successfully completed (or

otherwise received academic credit for)

12 semester hours (or the equivalent) in

a program of education leading to a

standard college degree.

(c) * * *

(3) Educational requirement. (i)

Before the date on which VA receives

the individual’s application for

educational assistance under subpart K

of this part, the individual must have:

(A) Successfully completed the

requirements of a secondary school

diploma (or equivalency certificate); or

(B) Successfully completed (or

otherwise received academic credit for)

12 semester hours (or the equivalent) in

a program of education leading to a

standard college degree.

* * * * *

[FR Doc. 00–9603 Filed 4–17–00; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA–4091a; FRL–6568–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; Approval of VOC and

NOΧ RACT Determinations for

Individual Sources

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the

Commonwealth of Pennsylvania’s State

Implementation Plan (SIP). The

revisions impose reasonably available

control technology (RACT) on twentysix major sources of volatile organic

compounds (VOC) and nitrogen oxides

(NOΧ) located in Pennsylvania. EPA is

approving these revisions to establish

RACT requirements in the SIP in

accordance with the Clean Air Act.

DATES: This rule is effective on June 19,

2000 without further notice, unless EPA

receives adverse written comment by

May 18, 2000. If EPA receives such

comments, it will publish a timely

withdrawal of the direct final rule in the

Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: Written comments should

be mailed to Kathleen Henry, Chief,

Permits and Technical Assessment

Branch, Air Protection Division,

Mailcode 3AP11, U.S. Environmental

Protection Agency, Region III, 1650

Arch Street, Philadelphia, Pennsylvania

19103. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460; and the

Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality Control, P.O. Box 8468, 400

Market Street, Harrisburg, Pennsylvania

17105.

FOR FURTHER INFORMATION CONTACT:

Kelly L. Bunker at (215) 814–2177 for

information on sources #1–18 (or via email at bunker.kelly@epa.gov) or Melik

Spain at (215) 814–2299 for information

on sources #19–26 (or via e-mail at

spain.melik@epa.gov). While

information may be requested via email, any comments must be submitted

in writing to the above Region III

address.

SUPPLEMENTARY INFORMATION:

I. Background

On August 1, 1995, January 6, 1995,

June 14, 1995, December 8, 1995, May

31, 1995, May 2, 1996, March 21, 1996,

September 13, 1996, November 4, 1997,

March 24, 1998, December 7, 1998,

February 2, 1999, March 3, 1999, April

9, 1999, April 20, 1999 and July 28,

1999, the Commonwealth of

Pennsylvania submitted formal

revisions to its State Implementation

Plan (SIP). On March 24, 1998, May 29,

1998, October 2, 1998, October 16, 1998,

December 7, 1998, February 2, 1999,

April 9, 1999 and June 22, 1999, the

Commonwealth submitted

supplemental information pertaining to

the Cogentrix, Scrubgrass Generating

Company, Indiana University of

Pennsylvania, INDSPEC, WheelabratorFrackville, Piney Creek, Harrisburg

Steam Works and the four PP&L

revisions, respectively. On July 24,

1998, PADEP submitted materials which

replaced the May 2, 1996 submittal for

Transit America Inc. Each source

subject to this rulemaking will be

identified and discussed below. Any

plan approvals and operating permits

submitted coincidentally with those

being approved in this document, and

not identified below, will be addressed

in a separate rulemaking action.

Pursuant to sections 182(b)(2) and

182(f) of the Clean Air Act (CAA),

Pennsylvania is required to implement

RACT for all major VOC and NOΧ

sources by no later than May 31, 1995.

The definition of a major source is

determined by its size, location, the

classification of that area and whether it

is located in the ozone transport region

(OTR), which is established by the CAA.

The Pennsylvania portion of the

Philadelphia-Wilmington-Trenton

ozone nonattainment area (the

Philadelphia area) consists of Bucks,

Chester, Delaware, Montgomery, and

Philadelphia Counties and is classified

as severe. The remaining counties in

Pennsylvania are designated as

nonattainment are classified as either

moderate or marginal. However, under

section 184 of the CAA, at a minimum,

moderate area requirements for

stationary sources, including RACT as

specified in sections 182(b)(2) and

182(f), apply throughout the OTR.

Therefore, RACT is applicable statewide

in Pennsylvania. The Pennsylvania

submittals that are the subject of this

document are meant to satisfy the RACT

requirements for twenty-six specific

sources.

Summary of SIP Revision

The details of the RACT requirements

for the source-specific plan approvals,

operating permits and compliance

permit can be found in the docket and

accompanying technical support

documents (TSD) and will not be

reiterated in this document. Briefly,

EPA is approving a revision to the

Pennsylvania SIP pertaining to the

determination of RACT for twenty-six

major sources. Several of the plan

approvals and operating permits contain

conditions which are not relevant to the

determination of VOC or NOΧ RACT.

These provisions are not included in

Pennsylvania’s SIP revision requests

these sources.

RACT Determinations

The following table identifies the

individual compliance permit, plan

approvals, and operating permits EPA is

approving. The specific emission

limitations and other RACT

requirements for these sources are

summarized in the accompanying

technical support documents, which are

available upon further request from the

EPA Region III office listed in the

ADDRESSES section of this document.