20726 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

Dated: March 25, 1996.

Bradley A. Buckles,

Acting Director.

Approved: April 8, 1996.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 96–11375 Filed 5–07–96; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 292

RIN 0596–AB39

Smith River National Recreation Area

AGENCY: Forest Service, USDA.

ACTION: Final rule; change of effective

date.

SUMMARY: The Forest Service is giving

notice of a change in the effective date

of the Smith River National Recreation

Area final rule. The Smith River final

rule was published in the Federal

Register on April 3, 1996, (61 FR 14621)

and became effective on that date.

However, at the time of submission, the

Forest Service was unaware of the new

statutory requirements concerning

Congressional review of regulations.

Public Law 104–121, Subtitle E, Section

251, ‘‘Congressional Review’’ requires

the agency to submit a report and a copy

of a final regulation to each House of

Congress and to the General Accounting

Office (GAO), when the rule is

published in the Federal Register. The

effective date of a published rule must

be later than the publication date in

order to allow time for Congressional

review. A report and a copy of the rule

were submitted to Congress and the

GAO on May 3, 1996.

EFFECTIVE DATE: The new effective date

for this rule is May 23, 1996.

FOR FURTHER INFORMATION CONTACT: Sam

Hotchkiss, Minerals and Geology

Management Staff, Forest Service,

USDA, (202) 205–1535.

SUPPLEMENTARY INFORMATION: This final

rule (36 CFR Part 292) implements

Section 8(d) of the Smith River National

Recreation Area Act of 1990 and sets

forth the procedures by which the

Forest Service will regulate mineral

operations on National Forest System

lands within the Smith River National

Recreation Area. This rule supplements

existing Forest Service regulations and

is intended to ensure that mineral

operations are conducted in a manner

consistent with the purposes for which

the Smith River National Recreation

Area was established.

Dated: May 3, 1996.

David G. Unger,

Associate Chief.

[FR Doc. 96–11471 Filed 5–7–96; 8:45 am]

BILLING CODE 3410–11–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 3

RIN 2900–AH83

Adjudication Regulations;

Miscellaneous

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

adjudication regulations by updating

various cross-references and authority

citations and by making other

nonsubstantive changes.

EFFECTIVE DATE: This amendment is

effective May 8, 1996.

FOR FURTHER INFORMATION CONTACT: Paul

Trowbridge, Consultant, Regulations

Staff, Compensation and Pension

Service, Veterans Benefits

Administration, 810 Vermont Avenue,

NW, Washington, DC 20420, telephone

(202) 273–7210.

SUPPLEMENTARY INFORMATION: 38 CFR

3.23(d)(5) concerns annual income for

improved pension surviving spouses.

The authority citation for 38 CFR

3.23(d)(5) is shown incorrectly as ‘‘38

U.S.C. 1541 (c), (h)’’. The authority

citation is corrected to read ‘‘38 U.S.C.

1541 (c), (g)’’.

38 CFR 3.24(c)(1) states that in certain

situations pension shall be paid to a

child in the custody of a person legally

responsible for the child’s support at an

annual rate equal to the difference

between the rate for a surviving spouse

and one child, and ‘‘the sum of the

annual income of such person.’’ This

paragraph is based on 38 U.S.C. 1542

which states that the child’s rate is

reduced by the child’s income or, if the

child is residing with a person legally

responsible for the child’s support, by

‘‘the sum of the annual income of such

child and such person.’’ 38 CFR

3.24(c)(1) is amended to restore the

words ‘‘the annual income of such child

and’’ before ‘‘the annual income of such

person’’. These words appear in the

Federal Register of September 16, 1987,

but were omitted from the July 1, 1988,

Federal Register codification of 38 CFR

and all subsequent versions. This

change will conform the regulation to 38

U.S.C. 1542.

The most recent change to 38 CFR

3.25 appeared in the Federal Register of

September 16, 1987. The version of 38

CFR 3.25(c)(2) in the Federal Register of

September 16, 1987, contained the

following statement: ‘‘. . . no payment

of DIC to a parent under this paragraph

may be less than $5 monthly. Each time

there is a rate increase under 38 U.S.C.

3112, the amount of the reduction under

this paragraph shall be recomputed to

provide, as nearly as possible, for an

equitable distribution of the rate

increase.’’ However, the July 1, 1988,

codified version of 38 CFR 3.25(c)(2)

omitted the following words: ‘‘may be

less than $5 monthly. Each time there is

a rate increase under 38 U.S.C. 3112, the

amount of the reduction under this

paragraph’’. This change restores the

words that were inadvertently omitted

from 38 CFR 3.25(c)(2).

38 CFR 3.250(d) concerning

remarriage of a parent receiving

Dependency and Indemnity

Compensation (DIC) contains an

incorrect reference to ‘‘38 U.S.C.

102(a)(2)’’. The reference is corrected to

read ‘‘38 U.S.C. 102(b)(1)’’.

38 CFR 3.252(a), which concerns

annual income limitations in old-law

pension cases, contains an incorrect

reference to ‘‘§ 3.26(b)’’. 38 CFR 3.252(a)

is changed to show the correct reference

for old-law pension, which is 38 CFR

3.26(c).

In 1991 § 14(d)(8)(b) of Public Law

102–54 eliminated subsection (e) from

38 U.S.C. 6103. The language that was

previously in subsection (e) was

included under subsection (b). The

authority citation for 38 CFR 3.458(f)(2)

is changed from ‘‘38 U.S.C. 6103(e)’’ to

‘‘38 U.S.C 6103(b)’’.

38 CFR 3.100(a), 38 CFR 3.321(b)(1),

38 CFR 3.460(b), 38 CFR 3.461(b)(1),

and 38 CFR 3.559(c) are amended to

show the current title of the chief officer

of the Veterans Benefits Administration.

Previously the Under Secretary for

Benefits was called the ‘‘Chief Benefits

Director.’’

A regulatory change published in the

Federal Register of June 24, 1985,

moved effective date rules for

Dependency and Indemnity

Compensation (DIC) from 38 CFR

3.400(c)(3) to 38 CFR 3.400(c)(4). 38

CFR 3.702 on DIC is amended to reflect

that change in two references to 38 CFR

3.400.

We are amending 38 CFR 3.852 on

institutional awards to add authority

citations for paragraphs (a), (c), (d), and

(e).

In 1991, § 14(d)(8)(b) of Public Law

102–54 eliminated paragraph (e) from

38 U.S.C. 6103. The authority citation

for 38 CFR 3.901(c) is changed from ‘‘38
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20727

U.S.C. 6103(e)’’ to ‘‘38 U.S.C. 6103’’.

The authority citation for 38 CFR

3.901(d)(3) is changed from ‘‘38 U.S.C.

6103(a), (d), (e)’’ to ‘‘38 U.S.C. 6103’’.

The authority citation for 38 CFR

3.902(d)(3) is changed from ‘‘38 U.S.C.

6103(d), (e), 6104’’ to ‘‘38 U.S.C. 6104’’.

38 CFR 3.1612(e)(3) is amended to

show the current name of the element

within VA which is responsible for

furnishing Government headstones and

markers. Previously the Office of

Memorial Programs was called the

‘‘Monument Service.’’

This final rule makes nonsubstantive

changes. Accordingly, this final rule is

promulgated without regard to the

notice-and-comment and effective-date

provisions of 5 U.S.C. 553.

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. 601–612). Even so, the Secretary

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.

The Catalog of Federal Domestic

Assistance program numbers are 64.100,

64.101, 64.104, 64.105, 64.106, 64.109,

and 64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Disability benefits,

Health care, Pensions, Veterans,

Vietnam.

Approved: April 30, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 3 is amended as

follows:

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.

§ 3.23 [Amended]

2. In § 3.23, the authority citation

immediately following paragraph (d)(5)

is revised to read as follows:

(Authority: 38 U.S.C. 1541(c), (g))

§ 3.24 [Amended]

3. In § 3.24, paragraph (c)(1) is

amended by adding ‘‘the annual income

of such child and’’ immediately

following ‘‘and the sum of’’.

§ 3.25 [Amended]

4. In § 3.25, the concluding text of

paragraph (c) is amended by adding

‘‘may be less than $5 monthly. Each

time there is a rate increase under 38

U.S.C. 5312, the amount of the

reduction under this paragraph’’

immediately following ‘‘to a parent

under this paragraph’’.

§ 3.100 [Amended]

5. In § 3.100, paragraph (a) is

amended by removing ‘‘Chief Benefits

Director’’ and ‘‘Director’’ and adding, in

their place, ‘‘Under Secretary for

Benefits’’ and ‘‘Under Secretary’’,

respectively.

§ 3.250 [Amended]

6. In § 3.250, paragraph (d) is

amended by removing ‘‘(38 U.S.C.

102(a)(2))’’ and adding, in its place, ‘‘(38

U.S.C. 102(b)(1))’’.

§ 3.252 [Amended]

7. In § 3.252, paragraph (a) is

amended by removing ‘‘§ 3.26(b)’’ and

adding, in its place, ‘‘§ 3.26(c)’’.

§ 3.321 [Amended]

8. In § 3.321, paragraph (b)(1) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 3.458 [Amended]

9. In § 3.458, the authority citation

immediately following paragraph (f)(2)

is revised to read as follows:

(Authority: 38 U.S.C. 6103(b); 6104(c);

6105(a))

§ 3.460 [Amended]

10. In § 3.460, paragraph (b) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 3.461 [Amended]

11. In § 3.461, paragraph (b)(1) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 3.559 [Amended]

12. In § 3.559, paragraph (c) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 3.702 [Amended]

13. In § 3.702, paragraph (a) is

amended by removing ‘‘§ 3.400(c)(3)’’

and adding, in its place, ‘‘§ 3.400(c)(4)’’.

14. In § 3.702, paragraph (b) is

amended by removing ‘‘§ 3.400(c)(3)(ii)’’

and adding, in its place,

‘‘§ 3.400(c)(4)(ii)’’.

15. In § 3.852, an authority citation for

paragraphs (a), (c), (d), and (e) is added

immediately following each such

paragraph, to read as follows:

§ 3.852 Institutional awards.

(a) * * *

(Authority: 38 U.S.C. 5503(b)(3))

* * * * *

(c) * * *

(Authority: 38 U.S.C. 5307)

(d) * * *

(Authority: 38 U.S.C. 5503(b)(3))

(e) * * *

(Authority: 38 U.S.C. 5502)

* * * * *

§ 3.901 [Amended]

16. In § 3.901, the authority citation

immediately following paragraph (c) is

revised to read as follows:

(Authority: 38 U.S.C. 6103)

17. In § 3.901, the authority citation

immediately following the concluding

text of paragraph (d) is revised to read

as follows:

(Authority: 38 U.S.C. 6103)

§ 3.902 [Amended]

18. In § 3.902, the authority citation

immediately following the concluding

text of paragraph (d) is revised to read

as follows:

(Authority: 38 U.S.C. 6104)

§ 3.1612 [Amended]

19. In § 3.1612, paragraph (e)(3) is

amended by removing ‘‘Monument

Service’’ and adding, in its place,

‘‘Office of Memorial Programs’’.

[FR Doc. 96–11418 Filed 5–7–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 21

RIN 2900–AH59

Educational Assistance: Technical

Amendments

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

statutory citations in the educational

assistance regulations to reflect that the

National Defense Authorization Act for

Fiscal Year 1995 (Pub. L. 103–337)

reorganized a portion of title 10, United

States Code, by moving sections 2131

through 2137 from chapter 106 to

sections 16131 through 16137 in chapter

1606. This document also corrects

typographical errors and corrects other

citation entries. The changes made by

this document concern the Montgomery

GI Bill-Selected Reserve program, the

Montgomery GI Bill-Active Duty