Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations 32225

statement of Energy Effects under

Executive Order 13211.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

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), 6.04–6, and 160.5; 49 CFR

1.46.

2. A new temporary section 165.T09–

920 is added as follows:

§ 165.T09–920 Safety zone: Maumee River,

Toledo, Ohio.

(a) Location. All waters and the

adjacent shoreline of the Maumee River,

Toledo, Ohio, extending from the bow

of the museum ship SS WILLIS B.

BOYER (41°38′35′′ N, 083°31′54′′ W),

then north north-east to the south end

of the City of Toledo Street (41° 38′51′′

N, 083°31′50′′ W), then south-west to the

red nun bouy #64 (41°38′48′′ N,

083°31′58′′ W), then south south-east to

the museum ship SS WILLIS B. BOYER.

(b) Effective Period. This regulation is

effective from 12:30 p.m. until 11 p.m.,

July 04, 2001.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone is

prohibited unless authorized by the

Captain of the Port.

Dated: June 5, 2001.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 01–15047 Filed 6–13–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AK41

Veterans Education: Increased

Allowances for the Educational

Assistance Test Program

AGENCIES: Department of Defense and

Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: The law provides that rates of

subsistence allowance and educational

assistance payable under the

Educational Assistance Test Program

shall be adjusted annually by the

Secretary of Defense based upon the

average actual cost of attendance at

public institutions of higher education

in the twelve-month period since the

rates were last adjusted. After

consultation with the Department of

Education, the Department of Defense

has concluded that the rates for the

2000–01 academic year should be

increased by 4% over the rates payable

for the 1999–2000 academic year. The

regulations dealing with these rates are

amended accordingly.

DATES: Effective Date: June 14, 2001.

Applicability Date: The changes in

rates are applied retroactively to

October 1, 2000, to conform to statutory

requirements.

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Assistant

Director for Policy and Program

Development, Education Service,

Veterans Benefits Administration, 202–

273–7187.

SUPPLEMENTARY INFORMATION: The law

(10 U.S.C. 2145) provides that the

Secretary of Defense shall adjust the

amount of educational assistance which

may be provided in any academic year

under the Educational Assistance Test

Program and the amount of subsistence

allowance authorized under that

program. The adjustment is to be based

upon the twelve-month increase in the

average actual cost of attendance at

public institutions of higher education.

As required by law, the Department of

Defense has consulted with the

Department of Education. The

Department of Defense has concluded

that these costs increased by 4% in the

1999–2000 academic year. Accordingly,

this final rule changes 38 CFR 21.5820

and 21.5822 to reflect a 4% increase in

the rates payable in the 2000–01

academic year, including changes in

§ 21.5820 to the adjustments that

compensate for rounding. In addition,

nonsubstantive changes are made for the

purpose of clarification.

Administrative Procedure Act

The rates of subsistence allowance

and educational assistance payable

under the Educational Assistance Test

Program are determined based on a

statutory formula and, in essence, the

calculation of rates merely constitutes a

non-discretionary ministerial act. The

other changes made by this document

are merely nonsubstantive changes for

the purpose of clarification.

Accordingly, there is a basis for

dispensing with notice-and-comment

and a delayed effective date under 5

U.S.C. 552 and 553.

Paperwork Reduction Act

This document contains no provisions

constituting a collection of information

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

Executive Order 12866

This document has been reviewed by

the Office of Management and Budget

under Executive Order 12866.

Regulatory Flexibility Act

The Secretary of Veterans Affairs and

the Secretary of Defense hereby certify

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.

There is no Catalog of Federal

Domestic Assistance number for the

program affected by this final rule.

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 care, Loan

programs—education, Loan programs—

veterans, Manpower training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: February 6, 2001.

Anthony J. Principi,

Secretary of Veterans Affairs.

Approved: March 7, 2001.

P.A. Tracey,

Vice Admiral, USN, Deputy Assistant

Secretary (Military Personnel Policy),

Department of Defense.

For the reasons set out in the

preamble, 38 CFR part 21 (subpart H) is

amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart H—Educational Assistance

Test Program

1. The authority citation for part 21,

subpart H is revised to read as follows:

32226 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations

Authority: 10 U.S.C. ch. 107; 38 U.S.C.

501(a), 3695, 5101, 5113, 5303A; 42 U.S.C.

2000; sec. 901, Pub. L. 96–342, 94 Stat. 1111–

1114, unless otherwise noted.

§ 21.5820 [Amended]

2. Section 21.5820 is amended by:

a. In paragraph (b)(1), removing

‘‘1999–2000’’ and adding, in its place,

‘‘2000–01’’; and by removing ‘‘$3,388’’

and adding, in its place, ‘‘$3,524’’;

b. In the introductory text of

paragraph (b)(2)(ii), removing ‘‘1999–

2000’’ and adding, in its place, ‘‘2000–

01’’;

c. In paragraph (b)(2)(ii)(A), removing

‘‘$376.44’’ and adding, in its place,

‘‘$391.56’’; and by removing ‘‘$188.22’’

and adding, in its place, ‘‘$195.78’’;

d. In paragraph (b)(2)(ii)(B), removing

‘‘$12.55’’ and adding, in its place,

‘‘$13.05’’; and by removing ‘‘$6.27’’ and

adding, in its place, ‘‘$6.53’’;

e. In paragraph (b)(2)(ii)(C), removing

‘‘increased by 4¢ ’’ and adding, in its

place, ‘‘decreased by 4¢’’; and by

removing ‘‘increased by 2¢’’ and adding,

in its place, ‘‘decreased by 2¢’’.

f. In the introductory text of paragraph

(b)(3)(ii), removing ‘‘1999–2000’’ and

adding, in its place, ‘‘2000–01’’;

g. In paragraph (b)(3)(ii)(A), removing

‘‘$376.44’’ and adding, in its place,

‘‘$391.56’’; and by removing ‘‘$188.22’’

and adding, in its place, ‘‘$195.78’’;

h. In paragraph (b)(3)(ii)(B), removing

‘‘$12.55’’ and adding, in its place,

‘‘$13.05’’; and by removing ‘‘$6.27’’ and

adding, in its place, ‘‘$6.53’’;

i. In paragraph (b)(3)(ii)(C), removing

‘‘increased by 4¢’’ and adding, in its

place, ‘‘decreased by 4¢’’; and by

removing ‘‘increased by 2¢’’ and adding,

in its place, ‘‘decreased by 2¢’’.

j. Removing ‘‘shall’’ each place in

which it appears and adding, in its

place, ‘‘will’’.

§ 21.5822 [Amended]

3. Section 21.5822 is amended by:

a. In paragraph (b)(1)(i), removing

‘‘$844’’ and adding, in its place, ‘‘$878’’;

and by removing ‘‘1999–2000’’ and

adding, in its place, ‘‘2000–01’’;

b. In paragraph (b)(1)(ii), removing

‘‘$422’’ and adding, in its place, ‘‘$439’’;

and by removing ‘‘1999–2000’’ and

adding, in its place, ‘‘2000–01’’;

c. In paragraph (b)(2)(i), removing

‘‘1999–2000’’ and adding, in its place,

‘‘2000–01’’; and by removing ‘‘$844’’

and adding, in its place, ‘‘$878’’;

d. In paragraph (b)(2)(ii), removing

‘‘1999–2000’’ and adding, in its place,

‘‘2000–01’’; and by removing ‘‘$422’’

and adding, in its place, ‘‘$439’’.

e. Removing ‘‘shall’’ each place in

which it appears and adding, in its

place, ‘‘will’’.

[FR Doc. 01–15068 Filed 6–13–01; 8:45 am]

BILLING CODE 8320–01–U

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AK44

Increase in Rates Payable Under the

Montgomery GI Bill—Active Duty and

Survivors’ and Dependents’

Educational Assistance

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

regulations governing rates of

educational assistance payable under

the Montgomery GI Bill—Active Duty

and the regulations governing rates of

Survivors’ and Dependents’ Educational

Assistance to reflect increases required

by statutory provisions.

DATES: Effective Date: This final rule is

effective June 14, 2001.

Applicability Dates. The changes in

rates are applied retroactively to

conform to statutory requirements. For

more information concerning the dates

of applicability, see the SUPPLEMENTARY

INFORMATION section.

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Assistant

Director for Policy and Program

Development, Education Service,

Veterans Benefits Administration, (202)

273–7187.

SUPPLEMENTARY INFORMATION: Under the

formula mandated by 38 U.S.C. 3015(g)

(as in effect on October 1, 2000) for

fiscal year 2001, the rates of basic

educational assistance under the

Montgomery GI Bill—Active Duty

(MGIB) payable to students pursuing a

program of education full time must be

increased by 3.0%, which is the

percentage by which the total of the

monthly Consumer Price Index-W (CPI–

W) for July 1, 1999, through June 30,

2000, exceeds the total of the monthly

CPI–W for July 1, 1998, through June 30,

1999.

In addition, the rates for the months

during fiscal year 2001 that follow

October 2000 were further increased by

the Veterans Benefits and Health Care

Improvement Act of 2000 (Pub. L. 106–

419). That Act provides that beginning

on November 1, 2000, the rates of basic

educational assistance under the MGIB

must be increased beyond the increase

that went into effect on October 1, 2000.

Changes are made to the regulations

governing rates payable under MGIB to

reflect both rate increases.

Moreover, Pub. L. 106–419 requires

an increase in the monthly rate of

Survivors’ and Dependents’ Educational

Assistance (DEA), effective November 1,

2000. Changes are made to the

regulations governing DEA rates and

entitlement charges to reflect the

statutory changes.

It should be noted that neither the

increase attributable to the CPI–W nor

the increase attributable to the Act

affects all educational assistance

payable under MGIB. The increases

don’t apply to additional amounts

payable by the Secretary of Defense to

individuals with skills or a specialty in

which there is a critical shortage of

personnel (so-called ‘‘kickers’’). They

don’t apply to amounts payable for

dependents. Veterans who previously

had eligibility under the Vietnam Era GI

Bill receive monthly payments that are

in part based upon basic educational

assistance and in part based upon the

rates payable under the Vietnam Era GI

Bill. Only that portion attributable to

basic educational assistance is

increased.

38 U.S.C. 3015(a) and (b) require that

the Department of Veterans Affairs (VA)

pay part-time students at appropriately

reduced rates. Since the first student

became eligible for assistance under the

MGIB in 1985, VA has paid threequarter-time students and one-half-time

students at 75% and 50% of the fulltime institutional rate, respectively.

Students pursuing a program of

education at less than one-half but more

than one-quarter-time have had their

payments limited to 50% or less of the

full-time institutional rate. Similarly,

students pursuing a program of

education at one-quarter-time or less

have had their payments limited to 25%

or less of the full-time institutional rate.

Changes are made consistent with the

authority and formula described in this

paragraph.

In addition, 38 U.S.C. 3032(c) requires

that monthly rates payable to veterans

in apprenticeship or other on-the-job

training must be set at a given

percentage of the full-time rate. Hence,

there are raises effective October 1,

2000, and November 1, 2000, for such

training as well.

Nonsubstantive changes also are made

for the purpose of clarity.

The changes set forth in this final rule

are effective from the date of

publication, but the changes in rates are

applied retroactively from October 1,

2000, and November 1, 2000, in

accordance with the applicable statutory

provisions discussed above.