Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Rules and Regulations 24235

§ 52.67 Reconsideration.

(a) Reconsideration of an application

for correction of a military record shall

occur if an applicant requests it and the

request meets the requirements set forth

in paragraph (a)(1) or (a)(2) of this

section.

(1) An applicant presents evidence or

information that was not previously

considered by the Board that could

result in a determination other than that

originally made. Evidence or

information may only be considered if

it could not have been presented to the

Board prior to its original determination

if the applicant had exercised

reasonable diligence; or

(2) An applicant presents evidence or

information that the Board, or the

Secretary as the case may be, committed

legal or factual error in the original

determination that could have resulted

in a determination other than that

originally made.

(b) The Chairman shall docket a

request for reconsideration of a final

decision if it meets the requirements of

paragraph (a)(1) or (a)(2) of this section.

If neither of these requirements is met,

the Chairman shall not docket such

request.

(c) The Board shall consider each

application for reconsideration that has

been docketed. None of the Board

members who considered an applicant’s

original application for correction shall

participate in the consideration of that

applicant’s application for

reconsideration.

(d) Action by the Board on a docketed

application for reconsideration is

subject to § 52.64(b).

(e) An applicant’s request for

reconsideration must be filed within

two years after the issuance of a final

decision, except as otherwise required

by law. If the Chairman dockets an

applicant’s request for reconsideration,

the two-year requirement may be

waived if the Board finds that it would

be in the interest of justice to consider

the request despite its untimeliness.

[FR Doc. 96–12030 Filed 5–13–96; 8:45 am]

BILLING CODE 4910–62–P

Coast Guard

33 CFR Part 117

[CGD09–96–003]

RIN 2115–AE47

Drawbridge Operation Regulations;

Saginaw River, MI

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

SUMMARY: By this direct final rule, the

Coast Guard is revising the regulations

governing the operations of the CSX

(formerly the Chessie System) railroad

bridge at mile 18.0 over the Saginaw

River in Saginaw, Michigan. The owners

have made a request to the Coast Guard

to maintain the bridge as a fixed

structure with the stipulation and

understanding that the bridge may be

placed back into operation within six

months upon notification of the Coast

Guard.

DATES: This rule is effective on August

12, 1996, unless the Coast Guard

receives written adverse comments or

written notice of intent to submit

adverse comments on or before July 15,

1996. If such comments or notice are

received, the Coast Guard will withdraw

this direct final rule, and a timely notice

of withdrawal will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to

Commander (obr), Ninth Coast Guard

District, 1240 E. Ninth St., Cleveland,

OH 44199–2060, or may be delivered to

room 2083 at the same address between

7 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (216) 522–3993.

The District Commander maintains

the public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at the above

address during the same time.

FOR FURTHER INFORMATION CONTACT:

Mr. Scott M. Striffler, Project Manager,

at (216) 522–3993.

SUPPLEMENTARY INFORMATION:

Request for Comments

Any comments must identify the

name and address of the person

submitting the comment, specify the

rulemaking docket (CGD09–96–003) and

the specific section of this rule to which

each comment applies, and give the

reason for each specific comment.

Please submit two copies of all

comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

Regulatory Information

The Coast Guard is publishing a direct

final rule, the procedures of which are

outlined in 33 CFR 1.05–55, because no

adverse comments are anticipated. If no

adverse comments or any written

notices of intent to submit adverse

comment are received within the

specified comment period, this rule will

become effective as stated in the DATES

section. In that case, approximately 30

days prior to the effective date, the

Coast Guard will publish a notice in the

Federal Register stating that no adverse

comment was received and confirming

that this rule will become effective as

scheduled. However, if the Coast Guard

receives written adverse comment or

written notice of intent to submit

adverse comment, the Coast Guard will

publish a notice in the final rule section

of the Federal Register to announce

withdrawal of all or part of this direct

final rule. If adverse comments apply to

only part of this rule, and it is possible

to remove that part without defeating

the purpose of this rule, the Coast Guard

may adopt as final those parts of this

rule on which no adverse comments

were received. The part of this rule that

was the subject of adverse comment will

be withdrawn. If the Coast Guard

decides to proceed with a rulemaking

following receipt of adverse comments,

a separate Notice of Proposed

Rulemaking (NPRM) will be published

and a new opportunity for comment

provided.

A comment is considered ‘‘adverse’’ if

the comment explains why this rule

would be inappropriate, including a

challenge to the rule’s underlying

premise or approach, or would be

ineffective or unacceptable without a

change.

Background and Purpose

The placement of a movable bridge in

a ‘‘fixed status’’ means that the bridge is

essentially locked in the closed position

and all the operating gear removed. This

rule will allow the owners (CSX

Railroad Corp.) of the CSX (formerly the

Chessie System) railroad bridge, at mile

18.0 over the Saginaw River in Saginaw,

Michigan, to maintain the bascule

bridge in a ‘‘fixed status’’. The owners

initiated this action due to the absence

of any requests to open the bridge for

commercial traffic since 1988.

Furthermore, the bridge is unattended

and subject to high maintenance costs

from recurring vandalism. As part of the

background for this rulemaking, the

Coast Guard requested bridgetender logs

for the previous five years, but CSX

stated that it did not maintain records

for this bridge during the period because

no requests for openings were made.

The Coast Guard asked for confirmation

of the owner’s claims from the local

Coast Guard Station in Saginaw,

Michigan. The Station verified that the

bridge had not opened within the

experience of the personnel assigned

there. The Station also noted that they

are not aware of any commercial traffic

that has, or will have, a need to pass
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