Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Rules and Regulations 12885

and Measuring Devices,’’ 1994 Edition,

October 1993, which is incorporated by

reference. * * *

* * * * *

PART 381—POULTRY PRODUCTS

INSPECTION REGULATIONS

4. The authority citation for part 381

continues to read as follows:

Authority: 7 U.S.C. 450; 21 U.S.C. 451–

470; 7 CFR 2.17, 2.55.

5. Section 381.121b is amended by

revising the first sentence of paragraph

(a) and adding a new paragraph (c) to

read as follows:

§ 381.121b Definitions and procedures for

determining net weight compliance.

(a) For the purpose of § 381.121b of

this part, the reasonable variations

allowed, definitions, and procedures to

be used in determining net weight and

net weight compliance are described in

the National Institute of Standards and

Technology (NIST) Handbook 133,

‘‘Checking the Net Contents of Packaged

Goods,’’ Third Edition, September 1988,

and Supplements 1, 2, 3, and 4 dated

September 1990, October 1991, October

1992, and October 1994, respectively,

which are incorporated by reference,

with the exception of the NIST

Handbook 133 and Supplements 1 and

3 requirements listed in paragraphs (b)

and (c) of this section. * * *

(b) * * *

(c) The following requirements of

Supplement 1 dated September 1990,

Supplement 3 dated October 1992, and

Supplement 4 dated October 1994, of

NIST Handbook 133 are not

incorporated by reference.

Supplement 1

Chapter 2 General Considerations

2.13.1. Polyethylene Sheeting and Film

2.13.2. Textiles

2.13.3. Mulch

Chapter 3 Methods of Test for

Packages Labeled by Weight

3.11.4. Exhausting the Aerosol

Container

Chapter 4 Methods of Test for

Packages Labeled by Volume

4.6.4. Method D: Determining the Net

Contents of Compressed Gas in

Cylinders

4.7. Milk

4.16. Fresh Oysters Labeled by Volume

Chapter 5 Methods of Test for

Packages Labeled by Count, Length,

Area, Thickness, or Combinations of

Quantities

5.4. Polyethylene Sheeting

Supplement 3

Chapter 3 Methods of Test for

Packages Labeled by Weight

3.17. Flour and Dry Pet Food

Chapter 5 Methods of Test for

Packages Labeled by Count, Length,

Area, Thickness, or Combinations of

Quantities

5.4. Polyethylene Sheeting

5.5. Paper Plates

5.8. Baler Twine

Appendix A. Forms and Worksheets

Supplement 4

3.11 Aerosol Packages

3.11.1 Equipment

3.11.2 Preparation for Test

3.11.3 The Determination of Net

Contents: Part 1

3.11.4 Exhausting the Aerosol

Container

3.11.5 The Determination of Net

Contents: Part 2

Appendix A. Report Forms

6. Section 381.121c(a) is amended by

revising the second sentence to read as

follows:

§ 381.121c Scale requirements for

accurate weights, repairs, adjustments, and

replacement after inspection.

(a) * * * Such scales shall meet the

applicable requirements contained in

National Institute of Standards and

Technology (NIST) Handbook 44,

‘‘Specifications, Tolerances and Other

Technical Requirements for Weighing

and Measuring Devices,’’ 1994 Edition,

October 1993, which is incorporated by

reference. * * *

* * * * *

Done at Washington, DC, on: February 14,

1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95–4500 Filed 3–8–95; 8:45 am]

BILLING CODE 3410–DM–P

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 500

Foreign Assets Control Regulations;

Unblocking of Vietnamese Assets

AGENCY: Office of Foreign Assets

Control, Treasury.

ACTION: Final rule.

SUMMARY: Pursuant to the claims

settlement agreement entered into on

January 28, 1995, between the

Government of the United States and

the Government of the Socialist

Republic of Vietnam, the Office of

Foreign Assets Control is unblocking

assets in which Vietnam or a national

thereof has an interest, blocked

pursuant to the Foreign Assets Control

Regulations.

EFFECTIVE DATE: March 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Steven I. Pinter, Chief of Licensing (tel.:

202/622–2480), or William B. Hoffman,

Chief Counsel (tel.: 202/622–2410),

Office of Foreign Assets Control,

Department of the Treasury,

Washington, D.C. 20220.

SUPPLEMENTARY INFORMATION:

Electronic Availability

This document is available as an

electronic file on The Federal Bulletin

Board the day of publication in the

Federal Register. By modem dial 202/

512–1387 or call 202/512–1530 for disks

or paper copies. This file is available in

Postscript, WordPerfect 5.1 and ASCII.

Background

On February 3, 1994, President

Clinton lifted the trade embargo against

Vietnam and authorized new financial

and other transactions with Vietnam

and its nationals. Property blocked as of

February 3, 1994, because of an interest

therein of Vietnam or its nationals,

however, remained blocked pending a

claims settlement agreement between

the two countries. On January 28, 1995,

an agreement was reached between the

United States Government and the

Government of the Socialist Republic of

Vietnam, in which Vietnam agreed to

pay $208.5 million in settlement of

outstanding U.S. private and

government claims, and providing that

the remaining Vietnamese property be

unblocked. Accordingly, this rule

amends the Foreign Assets Control

Regulations, 31 CFR part 500 (‘‘FACR’’),

to unblock assets held in the name of

the Vietnamese Government or a

national thereof on February 3, 1994.

Because the FACR involve a foreign

affairs function, Executive Order 12866

and the provisions of the Administrative

Procedure Act, 5 U.S.C. 553, requiring

notice of proposed rulemaking,

opportunity for public participation,

and delay in effective date, are

inapplicable. Because no notice of

proposed rulemaking is required for this

rule, the Regulatory Flexibility Act, 5

U.S.C. 601–612, does not apply.

List of Subjects in 31 CFR Part 500

Administrative practice and

procedure, Banks, Banking, Blocking of

assets, Cambodia, Exports, Fines and

penalties, Finance, Foreign investment

in the United States, Foreign trade,
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/