Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28753

role aviation played in making

Portsmouth more accessible.

Response: The NPS’s decision to

preserve an area of historical

importance is based on the criteria of its

uniqueness and national significance. It

was determined that Portsmouth would

preserve American life in the early

1900’s. Aviation history may be

interpreted as part of Portsmouth’s

history, but preservation of an active

airstrip is not necessary to interpret the

area and is incompatible with the early

1900’s scene. In recent history, with

access to Portsmouth via private and

public vessels and one vehicle ferry, the

number of persons visiting Portsmouth

will not be significantly affected by the

closure of the Airstrip.

5. Issue: Delay in concern for hazards.

One responder asked why it took the

NPS 11 years to register a concern for

the hazards if the Airstrip was in

violation of safety regulations.

Specifically, was a cut in the NPS

budget a cause in the delay?

Response: The NPS became aware and

concerned about the hazards as a result

of the inspection by the North Carolina

Department of Transportation on August

25, 1989. The NPS then developed cost

estimates for meeting and maintaining

the recommended safety standards.

With a decline in use of the Airstrip, the

already existing incompatibility

concern, and the high cost of

maintaining the Airstrip to standards,

the NPS decided that the Airstrip

should be closed. An ‘‘X’’ was placed on

both ends of the Airstrip and persons

who inquired were advised of the safety

conditions. The budget was a factor in

the decision to close the Airstrip, but it

was not the only factor.

6. Issue: Recent use statistics. One

responder inquired that there was no

mention of historical use of the Airstrip.

The responder used the example of

‘‘1984 landings and takeoff’s vs. 1994

landings and takeoffs.’’

Response: No record has been

maintained on the amount of use for the

Airstrip other than the 74 flights per

year, a figure derived in the late 1980’s.

Local observation is that there has been

a decline in aircraft landings annually.

7. Issue: Noise and visual intrusions

including military operations. One

responder questioned the noise and

visual intrusions, based on the number

of aircraft landings and takeoffs, as not

being significant enough to justify

closure. The responder added that

military air operations in the area pose

a far greater intrusion to the quiet

setting of Portsmouth Village.

Response: The NPS agrees that the

noise level of military jets overhead

presents an intrusion, but this intrusion

is for a short duration measured in

seconds. The NPS has a Memorandum

of Understanding with the United States

Marine Corps stating that air operations

will be no closer than 2 miles to the

south of the Village and at an altitude

of not less than 500 feet.

Summary and Conclusion

The Airstrip does not comply with

FAA safety standards and the flying

public should not be exposed to the

potential hazards associated with

operating aircraft from a substandard

airstrip. The taxpayer should not risk

liability for an aircraft accident resulting

from a defect in the Airstrip. Derogating

the historical significance of nearby

National Register structures to

accommodate aircraft operations is not

justifiable. Even if funding levels

allowed compliance with safety

standards, low visitor use and

availability of a nearby alternate airport

with connecting transportation services

suggest that such an expenditure is

neither cost-effective nor justifiable. For

these reasons, the NPS is closing

Portsmouth Village Airstrip by deleting

Section 7.98(a) of Title 36 Code of

Federal Regulations.

Drafting Information

The primary authors of this rule are

Felix Revello, Chief Ranger, Fort Larned

National Historic Site, Charles Harris,

Chief of Operations, Cape Lookout

National Seashore, and Dennis Burnett,

Washington Office of Ranger Activities,

National Park Service.

Paperwork Reduction Act

This final rule does not contain

collections of information requiring

approval by the Office of Management

and Budget under the Paperwork

Reduction Act of 1995.

Compliance With Other Laws

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866. The Department

of the Interior determined that this

document will not have a significant

economic effect on a substantial number

of small entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq). The

economic effects of this rulemaking are

local in nature and negligible in scope.

The NPS has determined that this

final rule will not have a significant

effect on the quality of human

environment, health, and safety because

it is not expected to:

(a) Increase public use to the extent of

compromising the nature and character

of the area or causing physical damage

to it;

(b) Introduce non-compatible uses

which compromise the nature and

characteristics of the area or cause

physical damage to it;

(c) Conflict with adjacent ownerships

or land uses; or

(d) Cause a nuisance to adjacent

owners or occupants.

Based on this determination, this rule

is categorically excluded from the

procedural requirements of the National

Environmental Policy Act (NEPA) by

Departmental regulations in 516 DM 6,

(49 FR 21438). As such, neither an

Environmental Impact Statement (EIS)

nor an Environmental Assessment (EA)

has been prepared.

List of Subjects in 36 CFR Part 7

National parks, Reporting and

recordkeeping requirements.

In consideration of the foregoing, 36

CFR Chapter I is amended as follows:

PART 7—SPECIAL REGULATIONS,

AREAS OF THE NATIONAL PARK

SYSTEM

1. The authority citation for part 7

continues to read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 462(q),

462(k); Sec. 7.96 also issued under D.C. Code

8–137 (1981) and D.C. Code 40–721 (1981).

§ 7.98 [Removed]

2. Section 7.98 is removed.

Dated: May 29, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–14102 Filed 6–5–96; 8:45 am]

BILLING CODE 4310–70–P

DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AH78

Veterans Education: Increased

Allowances for the Educational

Assistance Test Program

AGENCY: Department of Defense and

Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: The law provides that rates of

subsistence allowance and educational

assistance payable under the

Educational Assistance Test Program

shall be adjusted annually by the

Secretary of Defense based upon the

average actual cost of attendance at

public institutions of higher education

in the twelve-month period since the
28754 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

rates were last adjusted. After

consultation with the Department of

Education, the Department of Defense

has concluded that the rates for the

1995–96 academic year should be

increased by 6% over the rates payable

for the 1994–95 academic year. The

regulations dealing with these rates are

amended accordingly.

EFFECTIVE DATE: June 6, 1996.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, 202–273–7187.

SUPPLEMENTARY INFORMATION: The law

(10 U.S.C. 2145) provides that the

Secretary of Defense shall adjust the

amount of educational assistance which

may be provided in any academic year

under the Educational Assistance Test

Program, and the amount of subsistence

allowance authorized under that

program. The adjustment is to be based

upon the twelve-month increase in the

average actual cost of attendance at

public institutions of higher education.

As required by law, the Department of

Defense has consulted with the

Department of Education. The

Department of Defense has concluded

that these costs increased by 6% in the

1994–95 academic year. Accordingly,

this revision changes 38 CFR 21.5820

and 21.5822 to reflect a 6% increase in

the rates payable in the 1995–96

academic year.

Administrative Procedure Act

Pursuant to 5 U.S.C. 553 there is good

cause for finding that notice and public

procedure are impractical, unnecessary,

and contrary to the public interest and

there is good cause for dispensing with

a 30 day delay of the effective date. The

rates of subsistence allowance and

educational assistance payable under

the Educational Assistance Test

program are determined based on a

statutory formula and, in essence, the

calculation of rates merely constitutes a

non-discretionary ministerial act.

The Secretary of Veterans Affairs and

the Secretary of Defense have certified

that these amended regulations, if

promulgated, 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. 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.

This certification can be made

because the amended regulations

directly affect only individuals. They

will have no significant economic

impact on small entities, i.e., small

businesses, small private and nonprofit

organizations and small governmental

jurisdictions.

There is no Catalog of Federal

Domestic Assistance number for the

program affected by these regulations.

List of Subjects in 38 CFR Part 21

Civil rights, Claims, Education, Grant

programs-education, Loan programseducation, Reporting and record

keeping requirements, Schools,

Veterans, Vocational education,

Vocational rehabilitation.

Approved: April 29, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

Approved: May 30, 1996.

Samuel E. Ebbesen,

Lieutenant General, USA, Deputy Assistant

Secretary, (Military Personnel Policy)

Department of Defense.

For the reasons set out in the

preamble, 38 CFR part 21, subpart H is

amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart H—Educational Assistance

Test Program

1. The authority citation for part 21,

subpart H continues to read as follows:

Authority: 10 U.S.C. ch. 107, Pub. L. 96–

342.

2. In § 21.5820, paragraph (b) is

revised, to read as follows:

§ 21.5820 Educational assistance.

* * * * *

(b) Amount of educational assistance.

(1) The amount of educational

assistance shall be adjusted annually by

regulation. For the 1995–96 standard

academic year the amount of this

assistance may not exceed $2,761.

(2) The amount of educational

assistance payable to a servicemember,

veteran, spouse or dependent child of a

living servicemember or veteran for an

enrollment period shall be the lesser of

the following:

(i) The total charges for educational

expenses the eligible individual incurs

during the enrollment period, or

(ii) For the 1995–96 standard

academic year an amount determined

by:

(A) Multiplying the number of whole

months in the enrollment period by

$306.78 for a full-time student or by

$153.39 for a part-time student;

(B) Multiplying any additional days in

the enrollment period by $10.23 for a

full-time student or by $5.11 for a parttime student; and

(C) Adding the two results. If the

enrollment period is as long or longer

than a standard academic year, this

amount will be decreased by 2¢ for a

full-time student and decreased by 1¢

for a part-time student.

(3) The amount of educational

assistance payable to each surviving

spouse or dependent child of a deceased

servicemember or veteran for an

enrollment period shall be the lesser of

the following:

(i) The total charges for educational

expenses the eligible individual incurs

during the enrollment period, or

(ii) For the 1995–96 standard

academic year an amount determined

by:

(A) Multiplying the number of whole

months in the enrollment period by

$306.78 for a full-time student or by

$153.39 for a part-time student;

(B) Multiplying any additional days in

the enrollment period by $10.23 for a

full-time student or by $5.11 for a parttime student; and

(C) Adding the two results. If the

enrollment period is as long or longer

than a standard academic year, this

amount will be decreased by 2¢ for a

full-time student and decreased by 1¢

for a part-time student; and

(D) Dividing the amount determined

in paragraph (b)(3)(ii)(C) of this section

by the number of the deceased veteran’s

dependents receiving educational

assistance for that enrollment period. If

one or more dependents is receiving

educational assistance for part of the

enrollment period, the amount

calculated in paragraph (b)(3)(ii)(C) will

be prorated on a daily basis. The

amount for each day when more than

one dependent is receiving educational

assistance will be divided by the

number of dependents receiving

educational assistance on that day. The

total amount for the days when only one

dependent is receiving educational

assistance will not be divided.

* * * * *

3. In § 21.5822, paragraphs (b)(1)(i),

(b)(1)(ii), (b)(2)(i), and (b)(2)(ii) are

revised, to read as follows:

§ 21.5822 Subsistence allowance.

* * * * *

(b) Amount of subsistence allowance.

(1) * * *

(i) If a person is pursuing a course of

instruction on a full-time basis, his or

her subsistence allowance is $688 per

month for training pursued during the

1995–96 academic year,

(ii) If a person is pursuing a course of

instruction on other than a full-time

basis, his or her subsistence allowance
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28755

is $344 per month for training pursued

during the 1995–96 academic year,

* * * * *

(2) * * *

(i) VA shall determine the monthly

rate of subsistence allowance payable to

a person for a day during which he or

she is pursuing a course of instruction

full-time during the 1995–96 academic

year by dividing $688 per month by the

number of the deceased veteran’s

dependents pursuing a course of

instruction on that day:

(ii) VA shall determine the monthly

rate of subsistence allowance payable to

a person for a day during which he or

she is pursuing a course of instruction

on other than a full-time basis during

the 1995–96 academic year by dividing

$344 per month by the number of the

deceased veteran’s dependents pursuing

a course of instruction on that day;

* * * * *

[FR Doc. 96–14201 Filed 6–5–96; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AH39

Veterans Education: Course

Measurement for Graduate Courses

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document adopts as a

final rule amendments to the

‘‘Administration of educational

benefits’’ regulations which provide that

all undergraduate courses taken by

graduate students are to be measured by

the graduate school (full time, half time,

quarter time, etc.) or by the formula

used for measuring undergraduate

courses for undergraduate students,

whichever results in a higher monthly

rate for the veteran. Students receive

benefits based on the assessment of their

training time (full time, half time,

quarter time, etc.). Graduate schools,

often with unique programs, have the

most expertise for assessing the training

status for their own programs. Also,

they realistically report the training

status of graduate students. Even so, we

do not believe that graduate students

should be paid a lower monthly rate

than undergraduate students for the

same training. Hence, the adoption of

this change streamlines the process

while yielding equitable results.

EFFECTIVE DATE: June 6, 1996.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration (202) 273–7187.

SUPPLEMENTARY INFORMATION: On

February 12, 1996, the Department of

Veterans Affairs (VA) published in the

Federal Register (61 FR 5357) a

proposed rule to provide a method of

measuring a graduate student’s

enrollment when he or she enrolls in

one or more graduate courses and one

or more undergraduate courses. The

public was given 60 days to submit

comments. VA received two comments,

one from an official of a large State

university and one from the president of

an association of officials who certify

students’ enrollments to VA. Both urged

that the proposal be adopted.

Accordingly, based on the rationale

set forth in the proposed rule document,

we are adopting the provisions of the

proposed rule as a final rule. This final

rule also affirms the information in the

proposed rule document concerning the

Regulatory Flexibility Act.

The Catalog of Federal Domestic

Assistance numbers for the programs

affected by this final rule are 64.117,

64.120, and 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,

Grant programs-education, Grant

programs-veterans, Loan programseducation, Loan programs-veterans,

Manpower training programs, Reporting

and recordkeeping requirements,

Schools, Veterans, Vocational

education, Vocational rehabilitation.

Approved: May 22, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 21 is amended as

set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart D—Administration of

Educational Assistance Programs

1. The authority citation for part 21,

subpart D continues to read as follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501(a), chs. 30, 32, 34, 35, 36, unless

otherwise noted.

2. In § 21.4273, paragraph (a)(2) is

amended by removing ‘‘assessed’’ and

adding, in its place, ‘‘measured’’; and

paragraph (c) is revised and its authority

citation is added to read as follows:

§ 21.4273 Collegiate graduate.

* * * * *

(c) Undergraduate or combination. If

a graduate student is enrolled in both

graduate and undergraduate courses

concurrently, or solely in undergraduate

courses, VA will measure such an

enrollment using the provisions of

§ 21.4272 or the graduate school’s

assessment of training time, whichever

will result in a higher monthly rate for

the veteran.

(Authority: 38 U.S.C. 3668(b); Pub. L. 102–

568)

[FR Doc. 96–14203 Filed 6–5–96; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 15 and 32

[FRL–5513–1]

RIN 2030–AA38

Suspension, Debarment and

Ineligibility for Contracts, Assistance,

Loans and Benefits

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule removes Part 15

(‘‘Administration of the Clean Air Act

and the Clean Water Act with Respect

to Contracts, Grants, and Loans—List of

Violating Facilities’’) from Title 40 of

the Code of Federal Regulations. This

rule also amends 40 CFR Part 32,

Governmentwide Debarment and

Suspension (Nonprocurement) and

Governmentwide Requirements for

Drugfree Workplace (Grants), by adding

procedures needed to administer the

ineligibility provisions of the Clean Air

Act (CAA), Clean Water Act (CWA), and

EO 11738.

EFFECTIVE DATE: June 6, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert F. Meunier, EPA Suspending and

Debarring Official, (3901F), 401 M

Street, SW., Washington, DC 20460.

Telephone: (202) 260–8030; or E-Mail

to: meunier.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

On September 11, 1995, EPA

published a Notice of Proposed

Rulemaking (See 60 FR 47135)

proposing to eliminate regulations at 40

CFR Part 15 governing the listing, and

removal from the list, of facilities

rendered ineligible to participate in

Federal grants, contracts and loans

pursuant to Section 306 of the Clean Air