24236 Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Rules and Regulations

through the bridge. Additionally, there

are currently no loading or unloading

facilities for commercial vessels above

the bridge. The Coast Guard queried the

Lake Carriers Association (LCA),

representatives of Great Lakes

commercial shipping companies, to

determine what the impact of allowing

the bridge to be maintained as a fixed

structure may have on current and

anticipated commercial marine traffic.

The LCA indicated that their members

would not be adversely impacted by the

conversion of the bridge from a bascule

to a fixed span. The owners pointed out

that the Grand Trunk and Western

railroad bridge, further upriver at mile

19.2, was converted from a movable to

a fixed span in previous years and does

not impact marine traffic in this area of

the river. The CSX bridge has a vertical

clearance of 13 feet, which is one foot

higher than the Grand Trunk and

Western bridge. The Coast Guard has

stipulated, and the owners have agreed,

to restore this bridge to an operable

status within six months of notification

by the Coast Guard if there is future

commercial marine activity in the area.

The Coast Guard concludes that the

placement of this bridge in a fixed status

would not impact commercial marine

interests and does not anticipate any

adverse comments to this Direct Final

Rule.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This conclusion is based on the fact that

there has been no active commerce

upriver from this bridge for many years

and this situation is not expected to

change in the future. Additionally, no

vessel has requested that the bridge be

opened since 1988. While there is some

recreational marine traffic active above

this bridge, the placement of a similar

railroad bridge in a fixed status 1.2

miles further upriver has not caused any

adverse effects for any business,

recreational, or commercial vessel.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) Small businesses and notfor-profit organizations that are

independently owned and operated and

are not dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

Therefore, for the reasons discussed

above, the Coast Guard finds that this

rule will not have a significant

economic impact on a substantial

number of small entities. Any comments

submitted in response to this finding

will be evaluated under the criteria

described earlier in the preamble for

comments.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph 2.B.2

of Commandant Instruction M16475.1B,

(as revised by 59 FR 38654, July 29,

1994), this rule is categorically excluded

from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For reasons set out in the preamble,

33 CFR part 117 is revised as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section § 117.647 is amended by

revising paragraphs (a) and (d) to read

as follows:

§ 117.647 Saginaw River.

(a) The draws of the Detroit and

Mackinac railroad bridge, mile 2.5 at

Bay City, and the Conrail railroad

bridge, mile 4.4 at Bay City, shall open

on signal; except that, from December

16 through March 15, the draws shall

open on signal if at least 12 hours notice

is given.

* * * * *

(d) The draw of the CSX railroad

bridge, mile 18.0, need not be opened

for the passage of vessels. The owner

shall return the draw to an operable

condition within a reasonable time

when directed by the District

Commander to do so.

* * * * *

Dated: April 26, 1996.

G.F. Woolever,

Rear Admiral, U.S. Coast Guard Commander,

Ninth Coast Guard District.

[FR Doc. 96–11895 Filed 5–13–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AH99

Medical; VA Health Professional

Scholarship Program, Correction

AGENCY: Department of Veterans Affairs.

ACTION: Final rule; correction.

SUMMARY: This document corrects a

repayment formula for health care

professionals who fail to comply with

service obligation under the VA Health

Professional Scholarship Program.

EFFECTIVE DATE: May 14, 1996.

FOR FURTHER INFORMATION CONTACT:

Meryl Bullard, Health Education

Specialist (143), Veterans Health

Administration, Department of Veterans

Affairs, 810 Vermont Avenue NW.,

Washington, DC 20420; Telephone (202)

565–7122. (This is not a toll-free

number.)

There is no Catalog of Federal

Domestic Assistance number for the

program affected by this proposal.

List of Subjects in 38 CFR Part 17

Administrative practice and

procedure, Alcohol abuse, Alcoholism,

Claims, Day care, Dental health, Drug

abuse, Foreign relations, Government

contracts, Grant programs-health, Grant

programs-veterans, Health care, Health

facilities, Health professions, Health

records, Homeless, Medical and dental

schools, Medical devices, Medical

research, Mental health programs,

Nursing homes, Philipines, Reporting
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,