Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Rules and Regulations 24237

and recordkeeping requirements,

Scholarships and fellowships, Travel

and transportation expenses, Veterans.

Approved: May 7, 1996.

Thomas O. Gessel,

Director, Office of Regulations Management,

Department of Veterans Affairs.

Accordingly, 38 CFR part 17 is

corrected by making the following

correcting amendment:

PART 17—MEDICAL

1. The authority citation for Part 17

continues to read as follows:

Authority: 38 U.S.C. 501, 5705.

2. In § 17.610, the formula portion of

paragraph (c) is amended by removing

‘‘A=3O’’ and adding, in its place,

‘‘A=3Φ’’.

[FR Doc. 96–11971 Filed 5–13–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 21

RIN 2900–AH79

Veterans Education: Increase in Rates

Payable Under the Montgomery GI

Bill—Active Duty, 1995–96

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: By statute, the monthly rates

of basic educational assistance payable

to veterans and servicemembers under

the Montgomery GI Bill—Active Duty

must be adjusted each fiscal year. In

accordance with the statutory formula,

the regulations governing rates of basic

educational assistance payable under

the Montgomery GI Bill—Active Duty

for fiscal year 1996 (October 1, 1995

through September 30, 1996) are

changed to show a 2.9% increase in

these rates.

EFFECTIVE DATE: October 1, 1995.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration (202) 273–7187.

SUPPLEMENTARY INFORMATION: Under the

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

for fiscal year 1996, the rates of basic

educational assistance under the

Montgomery GI Bill—Active Duty

payable to students pursuing a program

of education full time must be increased

by the percentage that the total of the

monthly Consumer Price Index-W for

July 1, 1994, through June 30, 1995,

exceeds the total of the monthly

Consumer Price Index-W for July 1,

1993, through June 30, 1994. Under this

formula, the changes to the regulations

governing monthly rates reflect a 2.9%

increase.

It should be noted that some veterans

will receive an increase in monthly

payments that will be less than 2.9%.

The increase does not 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’’). It does not apply to

supplemental educational assistance. It

also does not 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 by 2.9%.

Although 38 U.S.C. 3015(g) requires

only that the full-time rates be

increased, these revisions include

increases for other training also.

Monthly rates payable to veterans in

apprenticeship or other on-job training

or cooperative training are set by statute

at a given percentage of the full-time

rate. Hence, any rise in the full-time rate

automatically requires an increase in the

rates for these types of training.

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

Montgomery GI Bill—Active Duty in

1985, VA has paid three-quarter-time

students and one-half-time students at

75% and 50% of the full-time 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 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 rate. Changes are

made consistent with the authority and

formula described in this paragraph.

The changes set forth in this final rule

are applied retroactively from the

effective date of the statutory changes.

Substantive changes made by this

final rule merely reflect statutory

requirements and adjustments made

based on previously established

formulas. Accordingly, there is a basis

for dispensing with prior notice and

comment and delayed effective date

provisions of 5 U.S.C. 552 and 553.

The Secretary of Veterans Affairs

hereby certifies 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 and does not directly affect

small entities. Pursuant to 5 U.S.C.

605(b), the amended regulations,

therefore, are exempt from the initial

and final regulatory flexibility analyses

requirements of sections 603 and 604.

The Catalog of Federal Domestic

Assistance number for the program affected

by this final rule is 64.124.

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,

Entitlement programs—education,

Entitlement 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: May 1, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 21 (subpart K) is

amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart K—All Volunteer Force

Educational Assistance Program (New

GI Bill)

1. The authority citation for part 21,

subpart K continues to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 36,

unless otherwise noted.

2. In § 21.7136, paragraph (b)(3) is

amended by removing ‘‘$323.90’’ and

adding, in its place, ‘‘$333.30’’ and by

removing ‘‘1994, and before October 1,

1995’’ and adding, in its place, ‘‘1995,

and before October 1, 1996’’; paragraph

(c)(3) is amended by removing

‘‘$263.18’’ and adding, in its place,

‘‘$270.81’’ and by removing ‘‘1994, and

before October 1, 1995’’ and adding, in

its place, ‘‘1995, and before October 1,

1996’’; and paragraphs (b)(1), (b)(2),

(c)(1), and (c)(2) are revised, to read as

follows:

§ 21.7136 Rates of payment of basic

educational assistance.

* * * * *

(b) Rates. (1) Except as provided in

paragraphs (b)(2), (b)(3), and (d) of this

section, the monthly rate of basic

educational assistance payable for

training that occurs after September 30,
24238 Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Rules and Regulations

1995, and before October 1, 1996, to a

veteran whose service is described in

paragraph (a) of this section is the rate

stated in the following table.

Training Monthly

rate

Full time .......................................... $416.62 3⁄4 time ............................................ 312.46 1⁄2 time ............................................ 208.31

Less than 1⁄2 but more than 1⁄4 time 208.31 1⁄4 time or less ................................ 104.15

(Authority: 38 U.S.C. 3015)

(2) If a veteran’s service is described

in paragraph (a) of this section, the

monthly rate payable to the veteran for

pursuit of an apprenticeship or other

on-job training that occurs after

September 30, 1995, and before October

1, 1996, is the rate stated in the

following table.

Training period Monthly

rate

First six months of pursuit of program ............................................ $312.46

Second six months of pursuit of

program ....................................... 229.14

Remaining pursuit of program ........ 145.82

(Authority: 38 U.S.C. 3015, 3032(c))

* * * * *

(c) * * *

(1) Except as provided in paragraphs

(c)(2), (c)(3), and (d) of this section, the

monthly rate of basic educational

assistance payable to a veteran for

training that occurs after September 30,

1995, and before October 1, 1996, is the

rate stated in the following table.

Training Monthly

rate

Full time .......................................... $338.51 3⁄4 time ............................................ 253.88 1⁄2 time ............................................ 169.25

Less than 1⁄2 but more than 1⁄4 time 169.25 1⁄4 time or less ................................ 84.62

(Authority: 38 U.S.C. 3015, 3032(c))

(2) The monthly rate of educational

assistance payable to a veteran for

pursuit of an apprenticeship or other

on-job training that occurs after

September 30, 1995, and before October

1, 1996, is the rate stated in the

following table.

Training period Monthly

rate

First six months of pursuit of program ............................................ $253.88

Second six months of pursuit of

program ....................................... 186.18

Remaining pursuit of program ........ 118.48

(Authority: 38 U.S.C. 3015, 3032(c))

* * * * *

3. In § 21.7137, paragraph (c)(2)

introductory text is amended by

removing ‘‘1994, and before October 1,

1995’’ and adding, in its place, ‘‘1995,

and before October 1, 1996’’; paragraph

(c)(2)(i) is amended by removing

‘‘$592.88’’ and adding, in its place,

‘‘$604.62’’; paragraph (c)(2)(ii) is

amended by removing ‘‘$445.16’’ and

adding, in its place, ‘‘$453.96’’;

paragraph (c)(2)(iii) is amended by

removing ‘‘$296.44’’ and adding, in its

place, ‘‘$302.31’’; paragraph (c)(2)(iv) is

amended by removing ‘‘$148.22’’ and

adding, in its place, ‘‘$151.15’’; and

paragraphs (a)(1) and (a)(2) are revised,

to read as follows:

§ 21.7137 Rates of payment of basic

educational assistance for individuals with

remaining entitlement under 38 U.S.C. ch.

34.

(a) Minimum rates. * * *

(1) Except as provided in paragraphs

(a)(2), (b), and (c) of this section, the

monthly rate of basic educational

assistance for training that occurs after

September 30, 1995, and before October

1, 1996, is the rate stated in the

following table.

Training

Monthly rate

No

dependents

One

dependent

Two

dependents

Additional

for each additional dependent

Full time ............................................................................................................................ $604.62 $640.62 $671.62 $16.00

3/4 time ............................................................................................................................. 453.96 480.46 503.96 12.00

1/2 time ............................................................................................................................. 302.31 320.31 335.81 8.50

Less than 1/2 but more than 1/4 time .............................................................................. 302.31

1/4 time ............................................................................................................................. 151.15

Cooperative ...................................................................................................................... 454.90 475.30 494.90 9.20

(Authority: 38 U.S.C. 3015(c), (f), (g))

(2) For veterans pursuing an

apprenticeship or other on-job training,

the monthly rate of basic educational

assistance for training that occurs after

September 30, 1995, and before October

1, 1996, is the rate stated in the

following table.

Training period

Monthly rate

No

dependents

One

dependent

Two

dependents

Additional

for each additional dependent

1st 6 months of pursuit of program .................................................................................. $415.21 $427.59 $438.46 $5.25

2nd 6 months of pursuit of program ................................................................................. 285.52 294.87 302.57 3.85

3rd 6 months of pursuit of program ................................................................................. 169.62 175.74 180.47 2.45

Remaining pursuit of program .......................................................................................... 157.72 163.49 168.74 2.45
Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Rules and Regulations 24239

(Authority: 38 U.S.C. 3015(d), (f), (g))

* * * * *

[FR Doc. 96–11970 Filed 5–13–96; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DE26–1–6940; FRL–5503–6]

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware: Amendment of Final Rule

Pertaining to Regulation 24—Control

of Volatile Organic Compound

Emissions, Section 47—Offset

Lithographic Printing; Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Correction to Amendment of

direct final rule.

SUMMARY: This document contains

corrections to an amendment of a direct

final rule, which was published on

Tuesday, March 26, 1996 (61 FR 13101)

(96–7063). This amendment pertains to

Delaware Regulation 24, Control of

Volatile Organic Compound Emissions,

section 47, Offset Lithographic Printing.

EFFECTIVE DATE: March 26, 1996.

FOR FURTHER INFORMATION CONTACT: Rose

Quinto, (215) 597–3164.

SUPPLEMENTARY INFORMATION:

Background

On January 26, 1996, EPA published

a Direct Final Rule approving a State

Implementation Plan (SIP) revision

submitted by Delaware (61 FR 2419)

pertaining to Delaware Regulation 24,

Control of Volatile Organic Compound

Emissions, sections 10, 11, 12, 44, 45,

47, 48, and 49, and Appendices I, K, L,

and M, effective November 29, 1994.

These sections of Regulation 24

establish additional emission standards

that represent the application of

reasonably available control technology

(RACT) to categories of stationary

sources of volatile organic compounds

(VOCs). Because EPA received adverse

comments on section 47, Offset

Lithographic Printing, EPA published

an amendment of the direct final rule on

March 26, 1996 (61 FR 13101),

withdrawing section 47 only.

Need for Correction

As published, the amendment of the

direct final rule contains errors which

may prove to be misleading and are in

need of clarification.

Correction of Publication

Accordingly, at 61 FR 13101, Mar. 26,

1996 the publication of the amendment,

is corrected to read as follows: The

heading ‘‘§ 54.420 [Amended]’’ is

corrected to read ‘‘§ 52.420 [Amended]’’.

In amendatory instruction 2 the

reference to ‘‘§ 54.420(c)(54)(i)(B)’’ is

corrected to read ‘‘§ 52.420(c)(54)(i)(B)’’.

Dated: May 1, 1996.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 96–11855 Filed 5–13–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[CT23–1–7084; FRL–5443–5]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Connecticut

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is responding to an

adverse comment concerning EPA’s

proposal to redesignate Hartford,

Connecticut as attainment for carbon

monoxide. EPA is not changing its

action to redesignate the area as

attainment that took effect on January 2,

1996. EPA is also correcting an incorrect

entry in the attainment status tables

associated with this action.

EFFECTIVE DATE: January 2, 1996.

FOR FURTHER INFORMATION CONTACT:

Wing H. Chau, Air Quality Planning

Unit, Office of Ecosystem Protection,

United States Environmental Protection

Agency, Region I, Boston, Massachusetts

02203, (617) 565–3570.

SUPPLEMENTARY INFORMATION: On

October 31, 1995, EPA published a

direct final rule (60 FR 55316) which

announced that this rule would take

effect in 60 days, or January 2, 1996,

unless EPA received adverse comment

on the rule within 30 days in response

to a notice of proposed rulemaking

published on the same day (60 FR

55354). EPA also committed to

withdraw the direct final rule in the

event it received adverse comment, and

to respond to any adverse comments in

a subsequent final rulemaking action.

EPA did receive a timely adverse

comment on this rule. EPA failed,

however, to withdraw the final rule

within the 60 days given in the direct

final rule, and the rule took effect on

January 2, 1996.

In this notice, EPA is responding to

the comment it received, but for the

reasons stated below, EPA is not

changing the final rule in response to

that comment. Had EPA withdrawn the

direct final rule prior to its going into

effect, EPA would have taken final

action based on the proposal to

promulgate a rule identical to the direct

final rule that went into effect. Rather

than now take the action of withdrawing

the direct final rule only to

repromulgate simultaneously an

identical rule, however, EPA in this

action is deciding to maintain the rule

unchanged. EPA believes that

withdrawal and repromulgation are

unnecessary since the results would be

identical to that obtained simply by

leaving the rule unchanged and

responding to the comments in this

notice. This notice provides interested

parties an opportunity to review how

EPA addressed the comment and to

petition for judicial review of EPA’s

action in this final rulemaking within 60

days of publication of this notice, as

provided in section 307(b)(1) of the Act.

Also, in the October 31, 1995 direct

final rulemaking, the revised Code of

Federal Regulations (CFR) § 81.307

designation table for carbon monoxide

identified a number of towns in the

Litchfield, Middlesex, and Tolland

Counties as ‘‘Nonattainment * * *

Moderate ≤12.7 ppm’’. The table should

have shown these areas as attainment

areas for CO. The revised § 81.307

designation table associated with this

final rulemaking reflects the appropriate

attainment status of the towns

mentioned above. The USEPA regrets

any inconvenience these errors may

have caused.

I. Summary of Action and Responses to

Comments

EPA did receive one comment from

the New York Mercantile Exchange

(NYMEX), dated November 29, 1995.

NYMEX is the world’s largest exchange

of energy futures, and NYMEX is

concerned that the redesignation of the

Hartford area might affect gasoline

formulation requirements and disrupt

futures contracts entered into based on

gasoline formulation requirements in

effect prior to the redesignation. The

comment questioned whether EPA had

offered interested persons any

meaningful opportunity to comment on

this proposal, and asserted that EPA

should have provided ‘‘far more than

the limited period of notice afforded in

these redesignation approvals’’ to avoid

disruption in the petroleum industry

and energy futures markets when

changing environmental requirements.

As a legal matter, this SIP action is

subject to the procedures of the

Administrative Procedures Act (‘‘APA’’)