Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations 18353

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects in 21 CFR Part 178

Food additives, Food packaging.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Director, Center for Food Safety and

Applied Nutrition, 21 CFR part 178 is

amended as follows:

PART 178—INDIRECT FOOD

ADDITIVES: ADJUVANTS,

PRODUCTION AIDS, AND SANITIZERS

1. The authority citation for 21 CFR

part 178 continues to read as follows:

Authority: Secs. 201, 402, 409, 721 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321, 342, 348, 379e).

2. Section 178.2010 is amended in the

table in paragraph (b) for the entry ‘‘2,4-

di-tert-pentyl-6-[1-(3,5-di-tert-pentyl-2-

hydroxyphenyl)ethyl]phenyl acrylate’’

by adding a new entry ‘‘3.’’ under the

heading ‘‘Limitations’’ to read as

follows:

§ 178.2010 Antioxidants and/or stabilizers

for polymers.

* * * * *

(b) * * *

Substances Limitations

* * * * *

2,4-Di-tert-pentyl-6-[1-

(3,5-di-tert-pentyl-2-

hydroxyphenyl)ethyl]phenyl acrylate (CAS Reg.

No.123968–25–2)..

For use only:

* * *

3. At levels not to

exceed 0.5 percent

by weight of polystyrene and rubbermodified polystyrene complying

with § 177.1640 of

this chapter in contact with all food

types under conditions of use D

through G as described in Table 2

of § 176.170(c) of

this chapter.

* * * * *

Dated: April 3, 1995.

L. Robert Lake,

Director, Office of Policy, Planning and

Strategic Initiatives, Center for Food Safety

and Applied Nutrition.

[FR Doc. 95–8773 Filed 4–10–95; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF JUSTICE

Parole Commission 28 CFR Part 2

Paroling, Recommitting, and

Supervising Federal Prisoners:

Original Jurisdiction Cases

AGENCY: Parole Commission.

ACTION: Final rule.

SUMMARY: The U.S. Parole Commission

is amending the voting quorum required

for initial parole decisions made under

28 CFR 2.17, which is the procedure for

original jurisdiction cases (high profile

and extremely serious offenders). The

Commission has determined that the

present four-vote requirement is no

longer appropriate, in view of the fact

that only six Commissioners are

currently holding office. Accordingly,

the quorum required to decide original

jurisdiction cases will be three votes.

Appeals from these decisions will

continue to be presented to the full

Commission under 28 CFR 2.27.

EFFECTIVE DATE: May 11, 1995.

FOR FURTHER INFORMATION CONTACT:

Pamela A. Posch, Office of General

Counsel, 550 Friendship Blvd., Chevy

Chase, Maryland 20815, Telephone

(301) 492–5959.

SUPPLEMENTARY INFORMATION: The

above-described procedural change

reduces the quorum of Commissioner

votes required to decide an original

jurisdiction case under 28 CFR 2.17,

from four to three. This is a procedural

change only, and it is expected to

permit more expeditious decisionmaking in original jurisdiction cases,

without materially affecting a prisoner’s

chances for parole. The guidelines at 28

CFR 2.20 will continue to govern the

merits of the decision to grant, deny, or

revoke parole, and appeals will be

decided by a majority of the

Commission.

Implementation

This procedural rule will apply to all

original jurisdiction cases decided after

the effective date shown above,

pursuant to 28 CFR 2.17.

Executive Order 12866 and Regulatory

Flexibility Statement

The U.S. Parole Commission has

determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866, and

the rule has, accordingly, not been

reviewed by the Office of Management

and Budget. The rule will not have a

significant economic impact upon a

substantial number of small entities,

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 605(b).

List of Subjects in 28 CFR Part 2

Administrative practice and

procedure, probation and parole,

prisoners.

The Final Rule

Accordingly, the U.S. Parole

Commission makes the following

amendment to 28 CFR part 2:

(1) The authority citation for 28 CFR

part 2 continues to read as follows:

Authority: 18 U.S.C. 4203(a)(1) and

4204(a)(6).

§ 2.17 [Amended]

(2) 28 CFR Part 2, § 2.17(a) is

amended by substituting the words

‘‘concurrence of three votes’’ for the

words ‘‘concurrence of four votes’’.

Dated: March 31, 1995.

Edward F. Reilly, Jr.,

Chairman, U.S. Parole Commission.

[FR Doc. 95–8914 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–01–P

28 CFR Part 2

Paroling, Recommitting, and

Supervising Federal Prisoners:

Transfer Treaty Prisoners

AGENCY: Parole Commission.

ACTION: Final rule.

SUMMARY: The U.S. Parole Commission

is amending the regulation that sets

forth procedures for transfer treaty

offenders under 18 U.S.C. 4106A, to

require the concurrence of two U.S.

Parole Commissioners for a decision. At

present, transfer treaty cases are decided

by Regional Commissioners, pursuant to

the general delegation of authority at 28

CFR 2.24. The Commission considers

that this voting quorum change is

appropriate because appeals from the

Commission’s decisions in transfer

treaty cases, unlike ordinary parole

cases, are taken directly to a U.S. Court

of Appeals.

EFFECTIVE DATE: May 11, 1995.

FOR FURTHER INFORMATION, CONTACT:

Pamela A. Posch, Office of General

Counsel, 5550 Friendship Blvd., Chevy

Chase, Maryland 20815, Telephone

(301) 492–5959.

SUPPLEMENTARY INFORMATION: The U.S.

Parole Commission has the statutory

function of setting release dates and

periods of supervised release for

citizens of the United States who are

transferred from foreign countries,

pursuant to treaty, to serve sentences

imposed by foreign courts. Under 18

U.S.C. 4106A, these prisoners come

before the U.S. Parole Commission for a

hearing and a decision that is subject to
18354 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations

appeal to a U.S. Court of Appeals in

accordance with 18 U.S.C. 3742.

The Commission has found it

necessary to make these decisions

through a delegation of authority to

individual Commissioners in order to

permit timely processing of these cases.

(Many of these treaty prisoners are

returned to the United States after

having already served sufficient time in

foreign prisons to warrant an immediate

release date within the applicable

sentencing guideline range.) The

Commission has decided, however, that

a quorum of two Commissioners is more

appropriate, given the fact that there is

no administrative appeal from the

Regional Commissioner’s decision. This

is in contrast to the ordinary parole case

wherein the Regional Commissioner’s

decision is subject to an administrative

appeal within the Commission, under

18 U.S.C. 4215, before the prisoner may

seek judical review in a federal court.

Accordingly, transfer treaty cases under

18 U.S.C. 4106A will be decided by the

National Commissioners, with the

concurrence of two Commissioners

required to reach a decision.

Implementation

This procedural rule will be applied

to all transfer treaty cases under 18

U.S.C. 4106A wherein the transfer treaty

hearing is conducted on or after the

effective date set forth above.

Executive Order 12866 and Regulatory

Flexibility Statement:

The U.S. Parole Commission has

determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866, and

the rule has therefore not been reviewed

by the Office of Management and

Budget. The rule will not have a

significant economic impact upon a

substantial number of small entities,

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 605(b).

List of Subjects in 28 CFR Part 2:

Administrative practice and

procedure, probation and parole ,

prisoners.

The Final Rule

Accordingly, the U.S. Parole

Commission makes the following

amendment to 28 CFR part 2:

(1) The authority citation for 28 CFR

part 2 continues to read as follows:

Authority: 18 U.S.C. 4203(a)(1) and

4204(a)(6).

(2) 28 CFR part 2, § 2.62(i)(1) is

revised to read as follows:

§ 2.62 Prisoners transferred pursuant to

treaty.

* * * * * *

(i) Final decision. (1) The Commission

shall render a decision as soon as

practicable and without unnecessary

delay. Decisions shall be made upon a

concurrence of two votes of the National

Commissioners. The decision shall set a

release date and a period and conditions

of supervised release. If the Commission

determines that the appropriate release

date under 18 U.S.C. 4106A is the full

term date of the foreign sentence, the

Commission will order the transferee to

‘‘continue to expiration’’

* * * * * *

Dated: March 31, 1995.

Edward F. Reilly, Jr.,

Chairman, U.S. Parole Commission.

[FR Doc. 95–8911 Filed 4–10–95; 8:45 am]

BILLING CODE 4410–01–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Parts 2 and 3

RIN 2900–AH36

Veterans’ Benefits Improvements Act

of 1994: To Implement Provisions of

Public Law 103–446

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

Department of Veterans Affairs (VA)

adjudication regulations to: Allow the

election of death pension by surviving

spouses in receipt of dependency and

indemnity compensation (DIC);

eliminate the requirement to pay certain

benefits in Philippine pesos; revise the

treatment of certain claims after a

renouncement of benefits; and exclude

from countable income in the pension

and parents’ DIC programs certain

income of Alaska natives. These

changes are needed to implement

recently enacted legislation. The

intended effect of these changes is to

bring the regulations into conformance

with the new statutory requirements.

EFFECTIVE DATE: These amendments are

effective November 2, 1994, the date

that Public Law 103–446 was signed

into law, except for the provisions

removing the requirement to pay certain

benefits in Philippine pesos (38 CFR

2.67a, 3.8, 3.100(b), 3.251(a)(3), and

3.1600) which are effective January 1,

1995.

FOR FURTHER INFORMATION CONTACT: Paul

Trowbridge, Consultant, Regulations

Staff (211B), Compensation and Pension

Service, Veterans Benefits

Administration, 810 Vermont Avenue

NW., Washington, DC 20420, telephone

(202) 273–7210.

SUPPLEMENTARY INFORMATION: On

November 2, 1994, the Veterans’

Benefits Improvements Act of 1994 was

signed into law. Formerly, no person in

receipt of DIC could elect to receive any

other benefit based on the same death.

Section 111 of the Veterans’ Benefits

Improvements Act of 1994, Public Law

103–446, amended 38 U.S.C. 1317 to

allow a surviving spouse in receipt of

DIC to elect death pension instead of

such compensation. VA is amending 38

CFR 3.5(c) and 3.702(d) to conform with

this new statutory provision. We have

also made a nonsubstantive change in

§ 3.702(d) to clarify when an election of

DIC is final.

Under the provisions of 38 U.S.C.

5306 any person can renounce a benefit

to which he or she is entitled. Until

recently any new application filed

thereafter was treated as an original

application. Section 503 of Public Law

103–446 amended 38 U.S.C. 5306 by

adding a new subsection which

provides that a new application for

pension or parents’ DIC filed within one

year after renouncement of that benefit

shall not be treated as an original

application but rather that any benefits

due will be payable as if the

renouncement has not occurred. VA is

amending 38 CFR 3.106 and 3.400(s) to

conform to this new statutory

requirement.

All income is countable when VA

determines entitlement to income-based

benefits unless specifically excluded by

law. Section 506 of Public Law 103–446

provides a new exception to countable

income if cash, stock, land, or other

interests are received by an individual

from a Native Corporation under the

Alaska Native Claims Settlement Act (43

U.S.C. 1601 et seq.). VA is amending 38

CFR 3.261, 3.262 and 3.272 to conform

to this new statutory requirement.

Section 507 of Public Law 103–446

amended 38 U.S.C. 107 to eliminate the

requirement that compensation, DIC, or

burial allowance based on certain

Philippine service deemed not to be

active service for other purposes be paid

in Philippine pesos. VA is amending 38

CFR 3.8, 3.251(a)(3), and 3.1600 to

conform to this statutory revision. VA is

removing §§ 2.67a and 3.100(b) because,

in light of the statutory amendment,

calculation of the annual income

limitation in Philippine pesos is not

required and a delegation of authority to

the Chief Benefits Director for that

purpose is no longer necessary.

VA is issuing a final rule to make the

above described amendments. These