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
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations 18355

amendments are necessary to conform

regulatory provisions with Public Law

103–446. Because these amendments

merely restate statutory changes,

publication as a proposal for public

comment is unnecessary.

Administrative Procedure Act: This

final rule merely restates statutory

changes contained in Public Law 103–

446. Accordingly, pursuant to 5 U.S.C.

553, there is a basis for dispensing with

prior notice and comment on this final

rule and dispensing with a 30-day delay

of its effective date.

Regulatory Flexibility Act: Because no

notice of proposed rulemaking was

required in connection with the

adoption of this final rule, no regulatory

flexibility analysis is required under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.).

The Catalog of Federal Domestic

Assistance program numbers are 64.101,

64.104, 64.105, 64.109, and 64.110.

List of Subjects

38 CFR Part 2

Authority delegations (Government

agencies), Veterans Affairs Department.

38 CFR Part 3

Administrative practice and

procedure, Claims, Health care,

Individuals with disabilities, Pensions,

Veterans.

Approved: March 31, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR parts 2 and 3 are

amended as set forth below:

PART 2—DELEGATIONS OF

AUTHORITY

1. The authority citation for part 2

continues to read as follows:

Authority: 38 U.S.C. 501, 512(a), unless

otherwise noted.

§ 2.67a [Removed]

2. Section 2.67a is removed.

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.

§ 3.5 [Amended]

2. In § 3.5(c) change the period after

‘‘Affairs’’ to a comma and add the

following: ‘‘except that, effective

November 2, 1994, a surviving spouse

who is receiving dependency and

indemnity compensation may elect to

receive death pension instead of such

compensation.’’

§ 3.8 [Amended]

3. In § 3.8(b) and § 3.8(c)(1) remove

‘‘in Philippine pesos equivalent to’’ and

add ‘‘of’’, in its place.

4. In § 3.8(e) remove ‘‘a peso basis’’

and add, in its place, ‘‘a $0.50 for each

dollar authorized basis’’. Remove

‘‘payable in pesos.’’ and add, in its

place, ‘‘payable at the rate of $0.50 for

each dollar authorized.’’

§ 3.100 [Amended]

5. Section 3.100(b) is removed.

Redesignate § 3.100(c) as § 3.100(b).

6. In § 3.106, redesignate paragraphs

(c) and (d) as paragraphs (d) and (e),

respectively. Add a new paragraph (c) to

read as follows:

§ 3.106 Renouncement.

* * * * *

(c) Notwithstanding the provisions of

paragraph (b) of this section, if a new

application for pension or parents’

dependency and indemnity

compensation is filed within one year

after the date that the Department of

Veterans Affairs receives a

renouncement of that benefit, such

application shall not be treated as an

original application and benefits will be

payable as if the renouncement had not

occurred.

(Authority: 38 U.S.C. 5306(c))

§ 3.251 [Amended]

7. In § 3.251(a)(3), remove

‘‘computed’’ and ‘‘in Philippine pesos

equivalent’’.

8. In § 3.261, paragraph (a)(39) is

added to read as follows:

§ 3.261 Character of income; exclusions

and estates.

* * * * *

(a) Income

* * * * *

Income Dependency

(parents)

Dependency and

indemnity

compensation

(parents)

Pension; old-law

(veterans, surviving spouses

and children)

Pension; section

306 (veterans,

surviving

spouses and

children)

See—

(39) Cash, stock, land or other interests received from a Native Corporation under the

Alaska Native Claims Settlement Act (43

U.S.C. 1601 et seq.).

Excluded ........... Excluded ........... Excluded ........... Excluded ........... § 3.262(x).

* * * * *

9. In § 3.262, paragraph (x) and its

authority citation are added as follows:

§ 3.262 Evaluation of income.

* * * * *

(x) Alaska Native Claims Settlement

Act. There shall be excluded from

income computation any cash

(including cash dividends on stock

received from a Native Corporation) to

the extent that it does not, in the

aggregate, exceed $2,000 per individual

per annum; stock (including stock

issued or distributed by a Native

Corporation as a dividend or

distribution on stock); a partnership

interest; land or an interest in land

(including land or an interest in land

received from a Native Corporation as a

dividend or distribution on stock); and

an interest in a settlement trust.

(November 2, 1994)

(Authority: Sec. 506, Pub. L. 103–446)

10. In § 3.272, paragraph (t) and its

authority citation are added as follows:

§ 3.272 Exclusions from income.

* * * * *

(t) Alaska Native Claims Settlement

Act. Any receipt by an individual of

cash (including cash dividends on stock

received from a Native Corporation) to

the extent that it does not, in the

aggregate, exceed $2,000 per individual

per annum; stock (including stock

issued or distributed by a Native

Corporation as a dividend or

distribution on stock); a partnership

interest; land or an interest in land

(including land or an interest in land
18356 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations

received from a Native Corporation as a

dividend or distribution on stock); and

an interest in a settlement trust.

(November 2, 1994)

(Authority: Sec. 506, Pub. L. 103–446)

§ 3.400 [Amended]

11. In § 3.400(s), remove ‘‘Date’’ and

add, in its place, ‘‘Except as provided in

§ 3.106(c), date’’.

12. In § 3.702, paragraph (d) is revised

as follows:

§ 3.702 Dependency and indemnity

compensation.

* * * * *

(d) Finality of election.

(1) Except as noted in paragraph

(d)(2), an election to receive

dependency and indemnity

compensation is final and the claimant

may not thereafter reelect death pension

or compensation in that case. An

election is final when the payee (or the

payee’s fiduciary) has negotiated one

check for this benefit or when the payee

dies after filing an election but prior to

negotiation of a check.

(2) Notwithstanding the provisions of

paragraph (d)(1), effective November 2,

1994, a surviving spouse who is

receiving dependency and indemnity

compensation may elect to receive death

pension instead of such compensation.

(Authority: 38 U.S.C. 1317)

* * * * *

§ 3.1600 [Amended]

13. In § 3.1600, paragraphs (a), (b),

and (f), remove the words ‘‘in

Philippine pesos’’.

[FR Doc. 95–8887 Filed 4–10–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–5189–2]

Arizona: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Arizona has

applied for final authorization of

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA),

as amended. The Environmental

Protection Agency (EPA) has completed

its review of Arizona’s application and

has made a decision, subject to public

review and comment, that Arizona’s

hazardous waste program revisions

satisfy all of the requirements necessary

to qualify for final authorization. Thus,

EPA intends to approve Arizona’s

hazardous waste program revisions.

Arizona’s application for program

revision is available for public review

and comment.

DATES: Final authorization for Arizona

is effective June 12, 1995, unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Arizona’s

program revision application must be

received by the close of business May

11, 1995.

ADDRESSES: Copies of Arizona’s program

revision application are available during

the business hours of 9:00 a.m. to 5:00

p.m. at the following addresses for

inspection and copying:

Arizona Department of Environmental

Quality, Central Office, Office of

Waste Programs, Waste Assessment

Section, 3033 N. Central Avenue,

Phoenix, Arizona 85012, Phone: 602/

207–4211

Arizona Department of Environmental

Quality, Northern Regional Office,

2501 North 4th Street, Suite #14,

Flagstaff, Arizona 86004, Phone: 602/

779–0313 or 1–800/234–5677

Arizona Department of Environmental

Quality, Southern Regional Office,

4040 East 29th Street, Tucson,

Arizona 85711, Phone: 602/628–5651

or 1–800/234–5677

U.S. EPA Region IX Library-Information

Center, 75 Hawthorne Street, San

Francisco, California 94105, Phone:

415/744–1510

Written comments should be sent to

April Katsura, U.S. EPA Region IX (H–

4), 75 Hawthorne Street, San Francisco,

California 94105, Phone: 415/744–2030.

FOR FURTHER INFORMATION CONTACT:

April Katsura, U.S. EPA Region IX (H–

4), 75 Hawthorne Street, San Francisco,

California 94105, Phone: 415/744–2030.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

Section 3006(b) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C.

6929(b), have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

hazardous waste program. Revisions to

State hazardous waste programs are

necessary when Federal or State

statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA’s regulations in 40 CFR parts 260–

266, 268, 124 and 270.

B. Arizona

Arizona initially received final

authorization for the base program on

November 20, 1985. Arizona received

final authorization for revisions to its

program on August 6, 1991, July 13,

1992, November 23, 1992, and October

27, 1993. On February 10, 1995, Arizona

submitted an application for additional

revision approvals. Today, Arizona is

seeking approval of its program

revisions in accordance with 40 CFR

271.21(b)(3).

EPA has reviewed Arizona’s

application, and has made an immediate

final decision that Arizona’s hazardous

waste program revisions satisfy all of

the requirements necessary to qualify

for final authorization. Consequently,

EPA intends to approve final

authorization for Arizona’s hazardous

waste program revisions. The public

may submit written comments on EPA’s

immediate final decision up until May

11, 1995. Copies of Arizona’s

application for program revision are

available for inspection and copying at

the locations indicated in the

ADDRESSES section of this notice.

Approval of Arizona’s program

revisions shall become effective in 60

days unless an adverse comment

pertaining to the State’s revisions

discussed in this notice is received by

the end of the comment period. If an

adverse comment is received, EPA will

publish either (1) a withdrawal of the

immediate final decision or (2) a notice

containing a response to the comment

which either affirms that the immediate

final decision takes effect or reverses the

decision.

Arizona is applying for authorization

for the following Federal hazardous

waste requirements:

Federal requirement State authority

Permit Modifications for Hazardous Waste Management Facilities (53

FR 37912, September 28, 1988, as amended October 24, 1988 at 53

FR 41649).

Arizona Revised Statutes (ARS) 49–922.A + B; Arizona Administrative

Code (AAC) R18–8–264.A, 265.A, 270.A + C, and 271.A, D(c)(1) +

D(c)(3).