12886 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Rules and Regulations

Imports, Information and informational

materials, International organizations,

North Korea, Reporting and

recordkeeping requirements, Securities,

Services, Travel restrictions, Trusts and

estates, Vietnam.

For the reasons set forth in the

preamble, 31 CFR part 500 is amended

as follows:

PART 500—FOREIGN ASSETS

CONTROL REGULATIONS

1.The authority citation for part 500

continues to read as follows:

Authority: 50 U.S.C. App. 5, as amended;

E.O. 9193, 7 FR 5205, 3 CFR, 1938–1943

Comp., p. 1174; E.O. 9989, 13 FR 4891, 3

CFR, 1943–1948 Comp., p. 748.

Subpart E—Licenses, Authorizations

and Statements of Licensing Policy

2. Section 500.578 is revised to read

as follows:

§ 500.578 Vietnamese property unblocked.

All transactions otherwise prohibited

by this part which involve property in

which a designated national of Vietnam

has an interest are authorized.

Dated: February 22, 1995.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: February 23, 1995.

John Berry,

Deputy Assistant Secretary (Enforcement).

[FR Doc. 95–5858 Filed 3–6–95; 4:52 pm]

BILLING CODE 4810–25–F

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 3

RIN 2900–AH09

Special Monthly Compensation

Ratings

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: The Department of Veterans

Affairs (VA) is amending its regulations

concerning the rate of special monthly

compensation payable to a veteran with

a totally disabling service-connected

disability who either has additional

service-connected disability ratable at

60 percent or is permanently

housebound by reason of serviceconnected disability. This change is

necessary because of a General Counsel

precedent opinion which held that the

regulation restricts eligibility in a

manner not authorized by the statute.

The intended effect of this amendment

is to bring the regulation into

conformity with the statute.

EFFECTIVE DATE: This final rule is

effective March 9, 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: Special

monthly compensation is a benefit

established by Congress to be paid for

specified disabilities independent of

any other compensation authorized by

Title 38 U.S.C. 1114(a)–(j). 38 U.S.C.

1114(s) provides for payment of special

monthly compensation for a veteran

who has a service-connected disability

rated as total and (1) has additional

service-connected disability or

disabilities independently ratable at 60

percent or more, or (2) is permanently

housebound by reason of a serviceconnected disability or disabilities. 38

CFR 3.350(i), the implementing

regulation, provides that the special

monthly compensation rate under 38

U.S.C. 1114(s) is payable where the

veteran has a single service-connected

disability rated as 100 percent ‘‘without

resort to individual unemployability’’

and meets the other criteria.

In a precedent opinion dated February

2, 1994 (OGC Prec 2–94), VA’s General

Counsel held that the plain and

unambiguous language of 38 U.S.C.

1114(s) does not restrict the nature of

total ratings that may serve as a basis for

entitlement to the rate of special

monthly compensation which section

1114(s) authorizes. Based on that

holding, the General Counsel found that

the portion of 38 CFR 3.350(i) which

precludes eligibility if the serviceconnected disability rated as total is so

rated due to individual unemployability

is an unauthorized restriction.

The General Counsel has

recommended that the regulation be

revised. We are, therefore, revising the

text of 38 CFR 3.350(i) to remove the

unauthorized restriction.

VA is issuing a final rule to amend the

provisions of 38 CFR 3.350(i).

Publication of this amendment as a

proposed rule is unnecessary because

this notice merely amends 38 CFR

3.350(i) to conform to the terms of the

governing statute.

The Secretary hereby certifies that

these regulatory amendments will not

have 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.

The reason for this certification is that

these amendments would not directly

affect any small entities. Only VA

beneficiaries could be directly affected.

Therefore, pursuant to 5 U.S.C. 605(b),

these amendments are exempt from the

initial and final regulatory flexibility

analysis requirements of sections 603

and 604.

The Catalog of Federal Domestic

Assistance program number is 64.109.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Health care, Persons

with disabilities, Pensions, Veterans.

Approved: November 23, 1994.

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. The introductory text of paragraph

3.350(i) is amended by removing the

phrase ‘‘without resort to individual

unemployability’’.

[FR Doc. 95–5761 Filed 3–8–95; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7121

[OR–943–1430–01; GP5–039; OR–19083]

Partial Revocation of Executive Order

Dated November 24, 1916; Oregon

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order revokes an

Executive order insofar as it affects 2.50

acres of land withdrawn for the Bureau

of Land Management’s Powersite

Reserve No. 566. The land is no longer

needed for this purpose, and the

revocation is needed to permit disposal

of the land through sale. This action

will open the land to surface entry

subject to temporary segregations of

record. The land has been and will

remain open to mining and mineral

leasing.

EFFECTIVE DATE: April 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Linda Sullivan, BLM Oregon/
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Rules and Regulations 12887

Washington State Office, P.O. Box 2965,

Portland, Oregon 97208–2965, 503–952–

6171.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. The Executive Order dated

November 24, 1916, which established

Powersite Reserve No. 566, is hereby

revoked insofar as it affects the

following described land:

Willamette Meridian

T. 1 N., R. 19 E.,

Sec. 14, S1⁄2S1⁄2SW1⁄4SW1⁄4SE1⁄4.

The area described contains 2.50 acres in

Gilliam County.

2. At 8:30 a.m. on April 10, 1995, the

land described above will be opened to

the operation of the public land laws

generally, subject to valid existing

rights, the provisions of existing

withdrawals, other segregations of

record, and the requirements of

applicable law. All valid applications

received at or prior to 8:30 a.m. on April

10, 1995, shall be considered as

simultaneously filed at that time. Those

received thereafter shall be considered

in the order of filing.

Dated: February 24, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–5697 Filed 3–8–95; 8:45 am]

BILLING CODE 4310–33–P

43 CFR Public Land Order 7122

[CA–010–1430–01; CACA 7645]

Partial Revocation of Secretarial Order

Dated July 9, 1927; California

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order revokes a

Secretarial Order dated July 9, 1927,

insofar as it affects 160.02 acres of

public land withdrawn for the Bureau of

Land Management’s Powersite

Classification No. 183. The land is no

longer needed for this purpose, and the

revocation is necessary to facilitate the

completion of a land exchange under

Section 206 of the Federal Land Policy

and Management Act of 1976. This

action will open the land to surface

entry unless closed by overlapping

withdrawals or temporary segregations

of record. The land has been and will

remain open to mineral leasing. The

Federal Energy Regulatory Commission

has concurred with this action.

EFFECTIVE DATE: June 8, 1995.

FOR FURTHER INFORMATION CONTACT:

Duane Marti, BLM California State

Office, 2800 Cottage Way, Sacramento,

California 95825, 916–979–2858.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. The Secretarial Order dated July 9,

1927, which withdrew lands for

Powersite Classification No. 183, is

hereby revoked insofar as it affects the

following described land:

Mount Diablo Meridian

T. 17 N., R. 7 E.,

Sec. 2, lot 1, SE1⁄4NE1⁄4, and E1⁄2SE1⁄4

(described as sec. 2, E1⁄2E1⁄2 in the

original order).

The area described contains 160.02 acres in

Yuba County.

2. The State of California, with respect

to the land described in paragraph 1,

has a preference right for public

highway rights-of-way or material sites

for a period of 90 days from the date of

publication of this order and any

location, entry, selection, or subsequent

patent shall be subject to any rights

granted the State as provided by the Act

of June 10, 1920, Section 24, as

amended, 16 U.S.C. 818 (1988).

3. At 10 a.m. on June 8, 1995, the land

will be opened to the operation of the

public land laws generally, subject to

valid existing rights, the provision of

existing withdrawals, other segregations

of record, and the requirements of

applicable law. All valid applications

received at or prior to 10 a.m. on June

8, 1995, shall be considered as

simultaneously filed at that time. Those

received thereafter shall be considered

in the order of filing.

The land has been open to mining

under the provisions of the Mining

Claim Rights Restoration Act of 1955, 30

U.S.C. 621 (1988), and these provisions

are no longer required.

Dated: February 24, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–5698 Filed 3–8–95; 8:45 am]

BILLING CODE 4310–40–P

43 CFR Public Land Order 7123

[AK–932–1430–01; AA–62904]

Revocation of Geological Survey Order

dated April 23, 1948, as Modified;

Alaska

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public Land Order.

SUMMARY: This order revokes in its

entirety a Geological Survey order as it

affects approximately 5,000 acres of

land withdrawn for power purposes at

Taiya River. The land, which includes

public land and land which has been

conveyed out of Federal ownership, is

no longer needed for the purpose for

which it was withdrawn. The public

land lies within the Klondike Gold Rush

National Historical Park; the remainder

has been conveyed to the State of

Alaska.

EFFECTIVE DATE: March 9, 1995.

FOR FURTHER INFORMATION CONTACT: Sue

A. Wolf, BLM Alaska State Office, 222

W. 7th Avenue, No. 13, Anchorage,

Alaska 99513–7599, 907–271–5477.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. The Geological Survey Order dated

April 23, 1948, as modified, which

established Powersite Classification No.

396, is hereby revoked as it affects the

following described land:

Copper River Meridian

Land located within T. 25 S., R. 60 E., T. 26

S., R. 59 E., and T. 26 S., R. 60 E., and

more particularly described as:

Land located in approximate latitude

59°40′ N., and longitude 135°16′ W., being

every smallest legal subdivision, any portion

of which, when surveyed will be within 1⁄2

mile of Taiya River from the mouth of Nourse

River to the International Boundary. The area

described contains approximately 5,000

acres.

2. The public land described above

will remain part of the Klondike Gold

Rush National Historical Park as

established by Public Law 94–323, 16

U.S.C. 410(bb)(1988). The remaining

land described above has been conveyed

out of Federal ownership subject to

Section 24 of the Federal Power Act of

June 10, 1920, 16 U.S.C. 818 (1988).

Dated: February 24, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–5763 Filed 3–8–95; 8:45 am]

BILLING CODE 4310–JA–P

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AB88

Endangered and Threatened Wildlife

and Plants; Removal of Three

Kangaroos From the List of

Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service,

Interior.