Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations 27281

that the term ‘‘non-negotiable’’ be

placed on any color illustration.

One comment addressed the

requirement that ‘‘all negatives, plates,

positives, digitized storage medium,

graphic files, magnetic medium, optical

storage devices, and any other thing

used in the making of the illustration

that contain an image of the illustration

or any part thereof shall be destroyed

and/or deleted or erased immediately

after their final use in accordance with

this section.’’ Proposed 31 CFR

411.1(a)(4). Specifically, this comment

questioned the need for the immediate

destruction of such items. After careful

consideration of this comment and in

order to be consistent with 18 U.S.C.

504, the Secret Service has decided to

remove the word ‘‘immediately’’ from

the final rule. Therefore, both the final

rule and 18 U.S.C. 504 require that such

items be destroyed after their ‘‘final

use’’ in accordance with each respective

provision.

Another comment suggested that the

proposed rule should be expanded by

identifying certain kinds of illustrations

that could be considered not to give rise

to an inference of an intent to defraud.

The Secret Service disagrees. It is the

Secret Service’s position that a single

rule applicable to all color illustrations

be implemented for the sake of

simplicity and consistency. Such a rule

will be more easily understood by the

public than a rule which contains

exceptions for various types of

illustrations. Further, not all of the

statutory sections concerning the

reproduction of U.S. currency require

that an intent to defraud be established

in order for a violation of law to occur.

See, e.g., 18 U.S.C. 474.

The final rule requires the color

illustrations to comply with the current

size restrictions set out in 18 U.S.C. 504.

In addition, such color illustrations

must be one-sided.

The exceptions established by this

rule, like the exceptions set out in 18

U.S.C. 504, apply notwithstanding any

other provision of chapter 25 of Title 18

of the U.S. Code. However, the criminal

liability imposed by 18 U.S.C. 474 and

other applicable sections of chapter 25

of Title 18 of the U.S. Code could apply

where a color illustration of U.S.

currency fails to meet the requirements

imposed by this regulation.

It has been determined that this

document is not a significant regulatory

action under Executive Order 12866.

This rule permits the color illustrations

of U.S. currency, which heretofore were

prohibited by law. Further, pursuant to

section 605(b) of the Regulatory

Flexibility Act and for the reasons set

forth above, it is hereby certified that

this regulation will not have a

significant economic impact on a

substantial number of small entities.

Pursuant to 5 U.S.C. 553, it is also

found and determined that good cause

exists for not postponing the effective

date of this rule 30 days after

publication in the Federal Register

because this rule permits a practice

heretofore prohibited by statute.

List of Subjects in 31 CFR Part 411

Counterfeiting, Currency.

In consideration of the foregoing, the

Secret Service amends title 31, chapter

IV of the Code of Federal Regulations by

adding part 411 as set forth below.

PART 411—COLOR ILLUSTRATIONS

OF UNITED STATES CURRENCY

Authority: 18 U.S.C. 504; Treasury

Directive Number 15–56, 58 FR 48539

(September 16, 1993)

§ 411.1 Color illustrations authorized.

(a) Notwithstanding any provision of

chapter 25 of Title 18 of the U.S. Code,

authority is hereby given for the

printing, publishing or importation, or

the making or importation of the

necessary plates or items for such

printing or publishing, of color

illustrations of U.S. currency provided

that:

(1) The illustration be of a size less

than three-fourths or more than one and

one-half, in linear dimension, of each

part of any matter so illustrated;

(2) The illustration be one-sided; and

(3) All negatives, plates, positives,

digitized storage medium, graphic files,

magnetic medium, optical storage

devices, and any other thing used in the

making of the illustration that contain

an image of the illustration or any part

thereof shall be destroyed and/or

deleted or erased after their final use in

accordance with this section.

(b) [Reserved].

Paul A. Hackenberry,

Assistant Director, Office of Investigations.

[FR Doc. 96–13693 Filed 5–30–96; 8:45 am]

BILLING CODE 4810–42–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AI06

National Cemeteries

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

Department of Veterans Affairs (VA)

national cemeteries regulations by

eliminating provisions that simply

restate statutory provisions of 38 U.S.C.

2306, 2400, 2401, 2402, 2407, and

Chapter 83; by eliminating provisions

that duplicate other regulations in 38

CFR 1.218–1.220, and by eliminating

internal instructions not required to be

published in the Federal Register.

EFFECTIVE DATE: May 31, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Ken Greenberg, Program Analyst,

National Cemetery System, Executive

Communications (402B1), Department

of Veterans Affairs, 810 Vermont

Avenue, NW., Washington, DC 20420,

(202) 273–5179 (this is not a toll-free

number).

SUPPLEMENTARY INFORMATION: This final

rule consists of nonsubstantive changes

and, therefore, is not subject to the

notice and comment and effective date

provisions of 5 U.S.C. 553.

The Secretary hereby certifies that

this final rule will not have a significant

economic impact on a substantial

number of small entitles as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. This final rule

merely consists of nonsubstantive

changes.

Catalog of Federal Domestic Assistance

Numbers for programs affected by this

regulation are 64.201, 64.202 and 64.203.

List of Subjects in 38 CFR Part 1

Administrative practice and

procedures, Cemeteries, Claims,

Privacy, Security.

Approved: May 17, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 1 is amended to

read as follows:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. The authority citation immediately

preceding §§ 1.600 to 1.633 is revised to

read as follows:

Authority: Sections 1.601 to 1.633 issued

under 38 U.S.C. 501, 2306, chapter 24.

§ § 1.600, 1.604, 1.631 [Removed]

3. Sections 1.600, 1.604, and 1.631 are

removed.

§ 1.601 [Amended]

4. In § 1.601, paragraph (a) is

removed; and paragraphs (b) and (c) are

redesignated as paragraphs (a) and (b),

respectively.
27282 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations

§ 1.603 [Amended]

5. In § 1.603, paragraphs (a) and (b)

are removed; the paragraph designation

(c) and its heading are removed;

paragraphs (c)(1) and (c)(2) are

redesignated as paragraphs (a) and (b),

respectively; and newly redesignated

paragraphs (a)(i), (a)(ii), (a)(iii), and

(a)(iv) are redesignated as paragraphs

(a)(1), (a)(2), (a)(3) and (a)(4),

respectively.

6. Section 1.620 is revised to read as

follows:

§ 1.620 Eligibility for burial.

Section 2402 of title 38, United States

Code, bestows eligibility for burial in

any open cemetery in the National

Cemetery System. The following rules

in paragraphs (a) through (c) of this

section state conditions in addition to

those imposed by statute. To be eligible

for burial in a national cemetery:

(a) A United States citizen who served

in an allied armed force, as provided in

38 U.S.C. 2402(4), must have been a

citizen of the United States at the time

of entry on such service and at the time

of his or her death.

(b) A minor child of an eligible

person, as provided in 38 U.S.C.

2402(5), must have been at the time of

his or her death under 21 years old or

under 23 years old if pursuing a course

of instruction at an approved

educational institution.

(c) An unmarried adult child of an

eligible person, as provided in 38 U.S.C.

2402(5), must have been physically or

mentally disabled and incapable of self

support.

(Authority: 38 U.S.C. 2402)

§ 1.630 [Amended]

7. In § 1.630, paragraph (b) is

amended by removing the second and

third sentences.

[FR Doc. 96–13477 Filed 5–30–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 1

RIN 2900–AI09

Gender Policy for VA Publications and

Other Communications

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

regulations of the Department of

Veterans Affairs (VA) by removing

§ 1.13 of 38 CFR. This section provided

that VA publications and other

communications must avoid using

language refering only to the masculine

gender when the feminine gender also

was intended to be included. This

guidance was intended to avoid any

incorrect appearance of seeming to

preclude benefits for female veterans,

dependents, or beneficiaries. Although,

VA is fully committed to the genderneutral concepts that were set forth in

§ 1.13, the material from § 1.13 is

removed since the mandate from that

section is being accomplished through

internal issuances.

EFFECTIVE DATE: May 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hoffman, Director, Information

Resources Management, Policy and

Standards Service (045A3), Department

of Veterans Affairs, 810 Vermont

Avenue, NW., Washington, DC 20420,

(202) 273–8129.

SUPPLEMENTARY INFORMATION: This final

rule consists of nonsubstantive changes

and, therefore, is not subject to the

notice and comment and effective date

provisions of 5 U.S.C. 553.

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

(RFA), 5. U.S.C. 601–602. This final rule

would not cause a significant effect on

any entities since it does not contain

any substantive provisions. Therefore,

pursuant to 5 U.S.C. 605(b), this

amendment is exempt from the initial

and final regulatory flexibility analysis

requirements of sections 603 and 604.

There are no Catalog of Federal

Domestic Assistance program numbers

for this regulation.

List of Subjects in 38 CFR Part 1

Administrative practice and

procedure, Claims, Freedom of

information, Government contracts,

Government employees, Government

property, Reporting and recordkeeping

requirements.

Approved: May 13, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 1 is amended as

set forth below:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

§ 1.131 [Removed]

2. The undesignated centerheading

preceding § 1.13 and § 1.13 are removed.

[FR Doc. 96–13478 Filed 5–30–96; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 417

[OMC–004–F]

RIN 0938–AE64

Health Maintenance Organizations:

Employer Contribution to HMOs

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule.

SUMMARY: This rule amends § 417.157 of

the HCFA regulations, which pertains to

employer contributions to health

maintenance organizations (HMOs) that

are included among the alternatives in

health benefits plans that an employer

offers to its employees.

These amendments are necessary to

conform that section to changes made in

section 1310(c) of the Public Health

Service Act by section 7(a)(2) of the

HMO Amendments of 1988.

The intent is to ensure that employees

who choose the HMO alternative are not

financially disadvantaged.

DATES: Effective Date: These regulations

are effective on July 1, 1996.

FOR FURTHER INFORMATION, CONTACT:

Marty Abeln, (410) 786–1032.

SUPPLEMENTARY INFORMATION:

I. Background

Under section 1310 of the Public

Health Service (PHS) Act, the following

rules apply:

• Certain public and private

employers that offer health benefits

plans to their employees must include

the option of enrollment in qualified

health maintenance organizations

(HMOs) if such HMOs request inclusion

and their requests meet specified

conditions as to content and timing (this

is known as the ‘‘employer mandate’’

provision);

• The procedures for offering the

HMO option must take into account the

rules of collective bargaining; and

• No employer is required to

contribute more for health benefits than

would be required by any prevailing

collective bargaining agreement or any

other legally enforceable contract

between the employer and the

employees for health benefits.

These provisions are implemented by

subpart E of part 417 of the HCFA rules.

Section 417.157 of those rules provides

that—

• The employer or designee must

include the HMO option in the offering

on terms no less favorable, with respect