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Federal Register / Vol. 70, No.

93 / Monday, May 16, 2005 / Rules and Regulations 25785

Indian Tribal Governments documentation. It has been determined assistance allowance to individuals
This final rule does not have tribal that this final rule does not significantly during any period that they are fugitive
implications under Executive Order impact the environment. felons. Section 505 further prohibits
13175, Consultation and Coordination payment of educational assistance
List of Subjects in 33 CFR Part 117
with Indian Tribal Governments, allowance to a dependent of a veteran
Bridges. if the veteran is a fugitive felon. The
because it does not have substantial
direct effect on one or more Indian Regulations prohibitions apply to the following VA
tribes, on the relationship between the educational assistance programs:
■ For the reasons set out in the preamble, Montgomery GI Bill-Active Duty, Post-
Federal Government and Indian tribes,
or on the distribution of power and the Coast Guard amends 33 CFR part 117 Vietnam Era Veteran’s Educational
responsibilities between the Federal as follows: Assistance Program, and Survivors’ and
Government and Indian tribes. Dependents’ Educational Assistance.
PART 117—DRAWBRIDGE DATES: Effective Date: This final rule is
Technical Standards OPERATION REGULATIONS effective May 16, 2005.
The National Technology Transfer ■ 1. The authority citation for part 117 Applicability Date. The substantive
and Advancement Act (NTTAA) (15 continues to read as follows: changes made by this final rule are
U.S.C. 272 note) directs agencies to use applied retroactively to December 27,
Authority: 33 U.S.C. 499; Department of
voluntary consensus standards in their Homeland Security Delegation No. 0170.1; 33
2001, to conform to statutory
regulatory activities unless the agency CFR 1.05–1(g); section 117.255 also issued requirements.
provides Congress, through the Office of under the authority of Pub. L. 102–587, 106 FOR FURTHER INFORMATION CONTACT:
Management and Budget, with an Stat. 5039. Lynn M. Nelson, Education Advisor
explanation of why using these (225C), Department of Veterans Affairs,
■ 2. On June 18, 2005, from 9 a.m. to 5
standards would be inconsistent with
p.m., § 117.593 is suspended and a new 810 Vermont Avenue, NW.,
applicable law or otherwise impractical. Washington, DC 20420, (202) 273–7187.
§ 117.T592 is added to read as follows:
Voluntary consensus standards are
SUPPLEMENTARY INFORMATION: Section
technical standards (e.g., specifications § 117.T592 Chelsea River. 505 of the Veterans Education and
of materials, performance, design, or (a) All drawbridges across the Chelsea Benefits Expansion Act of 2001, enacted
operation; test methods; sampling River shall open on signal; except that, December 27, 2001, prohibits the
procedures; and related management the P.J. McArdle Bridge, mile 0.3, need payment of educational assistance
systems practices) that are developed or not open for the passage of vessel traffic allowance to veterans who are fugitive
adopted by voluntary consensus from 9 a.m. to 5 p.m. on June 18, 2005. felons. The Act further prohibits
standards bodies. This rule does not use (b) The opening signal for each
technical standards. Therefore, we did payment of educational assistance
drawbridge is two prolonged blasts allowance to an otherwise eligible
not consider the use of voluntary followed by two short blasts and one
consensus standards. dependent of a veteran if the veteran or
prolonged blast. The acknowledging the dependent is a fugitive felon. The
Energy Effects signal is three prolonged blasts when prohibitions apply to the following
the draw can be opened immediately educational assistance programs.
We have analyzed this rule under
and two prolonged blasts when the • Montgomery GI Bill—Active Duty
Executive Order 13211, Actions
draw cannot be opened or is open and (MGIB), 38 U.S.C. chapter 30;
Concerning Regulations That
must be closed. • Post-Vietnam Era Veteran’s
Significantly Affect Energy Supply,
Distribution, or Use. We have Dated: May 5, 2005. Educational Assistance Program
determined that it is not a ‘‘significant J.L. Grenier, (VEAP), 38 U.S.C. chapter 32; and
energy action’’ under that order because Captain, U.S. Coast Guard, Acting • Survivors’ and Dependents’
it is not a ‘‘significant regulatory action’’ Commander, First Coast Guard District. Educational Assistance (DEA), 38 U.S.C.
under Executive Order 12866 and is not [FR Doc. 05–9702 Filed 5–13–05; 8:45 am] chapter 35.
likely to have a significant adverse effect BILLING CODE 4910–15–P
The amendments to the regulations
on the supply, distribution, or use of include definitions for ‘‘fugitive felon’’
energy. The Administrator of the Office and ‘‘felony’’ as defined in the Act. VA
of Information and Regulatory Affairs expanded the definition of ‘‘fugitive
DEPARTMENT OF VETERANS
has designated it as a significant energy felon’’ to show that individuals are
AFFAIRS
action. Therefore, it does not require a identified as such by Federal, State, or
Statement of Energy Effects under 38 CFR Part 21 local law enforcement officials. It is the
Executive Order 13211. law enforcement officials, and not VA,
RIN 2900–AL79 who identify an individual as a
Environment ‘‘fugitive felon.’’
We have analyzed this final rule Veterans Education: Non-Payment of The amendments include rules
under Commandant Instruction VA Educational Assistance to Fugitive showing that educational assistance
M16475.1D, which guides the Coast Felons allowance will be discontinued effective
Guard in complying with the National AGENCY: Department of Veterans Affairs. the later of December 27, 2001, or the
Environmental Policy Act of 1969 ACTION: Final rule. date of the warrant for the arrest of the
(NEPA) (42 U.S.C. 4321–4370f), and felon. In the case of a dependent, when
have concluded that there are no factors SUMMARY: This document amends the veteran from whom the dependent
in this case that would limit the use of Department of Veterans Affairs (VA) derives eligibility is the fugitive felon,
a categorical exclusion under section regulations to reflect a provision in the the date of discontinuance is the later of
2.B.2 of the Instruction. Therefore, this Veterans Education and Benefits December 27, 2001, or the date of the
rule is categorically excluded, under Expansion Act of 2001 (Act). The Act warrant for the arrest of the felon.
figure 2–1, paragraph (32)(e), of the contains a provision in section 505 that Payment of educational assistance
Instruction, from further environmental prohibits VA from awarding educational allowance to an otherwise eligible

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25786 Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Rules and Regulations

individual may begin effective the date Approved: May 10, 2005. (4) Court documents (dated after the
the warrant is cleared. The rules are the R. James Nicholson, warrant for the arrest of the felon)
same for each education program listed Secretary of Veterans Affairs. showing the individual is no longer a
above. ■ For the reasons set out in the preamble, fugitive.
Administrative Procedure Act 38 CFR part 21 (subparts C, D, and K) is (Authority: 38 U.S.C. 5313B)
amended as follows: * * * * *
Changes made by this final rule
merely reflect statutory requirements. ■ 5. Amend § 21.4135 to add paragraph
PART 21—VOCATIONAL
Accordingly, this rule is exempt from (n) immediately after the authority
REHABILITATION AND EDUCATION
the notice-and-comment and delayed- citation at the end of paragraph (m) to
effective-date requirements of 5 U.S.C. Subpart C—Survivors’ and read as follows:
553. Dependents’ Educational Assistance § 21.4135 Discontinuance dates.
Paperwork Reduction Act Under 38 U.S.C. Chapter 35
* * * * *
This document contains no provisions ■ 1. The authority citation for part 21, (n) Fugitive felons: veterans eligible
constituting a collection of information subpart C continues to read as follows: under 38 U.S.C. chapter 32. VA will not
under the Paperwork Reduction Act of Authority: 38 U.S.C. 501(a), 512, 3500–
award educational assistance allowance
1995 (44 U.S.C. 3501–3521). 3566, unless otherwise noted. to an otherwise eligible veteran for any
period after December 26, 2001, during
■ 2. Amend § 21.3135 to add paragraph
Unfunded Mandates which the veteran is a fugitive felon.
(j) immediately after the authority
The Unfunded Mandates Reform Act The date of discontinuance of an award
citation at the end of paragraph (i) to read
of 1995 requires, at 2 U.S.C. 1532, that of educational assistance allowance to a
as follows:
agencies prepare an assessment of veteran who is a fugitive felon is the
anticipated costs and benefits before § 21.3135 Reduction or discontinuance later of—
developing any rule that may result in dates for awards of educational assistance (1) The date of the warrant for the
an expenditure by State, local, or tribal allowance. arrest of the felon; or
governments, in the aggregate, or by the * * * * * (2) December 27, 2001.
private sector, of $100 million or more (j) Fugitive felons. (1) VA will not (Authority: 38 U.S.C. 5313B)
(adjusted annually for inflation) in any award educational assistance allowance * * * * *
given year. This final rule would have to an otherwise eligible person for any
■ 6. Amend § 21.4200 to add and reserve
no such effect on State, local, or tribal period after December 26, 2001, during
paragraphs (ee) through (jj) immediately
governments, or the private sector. which the—
after the authority citation at the end of
(i) Eligible person is a fugitive felon;
Regulatory Flexibility Act paragraph (dd) and to add paragraphs
or
(ii) Veteran from whom eligibility is (kk) and (ll) to read as follows:
The Secretary of Veterans Affairs
hereby certifies that this final rule will derived is a fugitive felon. § 21.4200 Definitions.
not have a significant economic impact (2) The date of discontinuance of an * * * * *
on a substantial number of small entities award of educational assistance (ee)–(jj) [Reserved]
as they are defined in the Regulatory allowance to an eligible person is the (kk) Fugitive felon. The term fugitive
Flexibility Act, 5 U.S.C. 601–612. This later of— felon means an individual identified as
final rule will directly affect only (i) The date of the warrant for the such by Federal, State, or local law
individuals and will not directly affect arrest of the felon; or enforcement officials and who is a
small entities. Pursuant to 5 U.S.C. (ii) December 27, 2001. fugitive by reason of—
605(b), this final rule, therefore, is (Authority: 38 U.S.C. 5313B) (1) Fleeing to avoid prosecution for an
exempt from the initial and final offense, or an attempt to commit an
regulatory flexibility analyses Subpart D—Administration of offense, which is a felony under the
requirements of sections 603 and 604. Educational Assistance Programs laws of the place from which the person
flees;
Catalog of Federal Domestic Assistance ■ 3. The authority citation for part 21, (2) Fleeing to avoid custody or
Program Numbers subpart D continues to read as follows: confinement after conviction for an
The Catalog of Federal Domestic Authority: 10 U.S.C. 2141 note, ch. 1606; offense, or an attempt to commit an
Assistance numbers for the programs 38 U.S.C. 501(a), chs. 30, 32, 34, 35, 36, offense, which is a felony under the
affected by this proposed rule are unless otherwise noted. laws of the place from which the person
64.117, 64.120, and 64.124. ■ 4. Amend § 21.4131 to add paragraph flees; or
(i) immediately after the authority (3) Violating a condition of probation
List of Subjects in 38 CFR Part 21 or parole imposed for commission of a
citation at the end of paragraph (h) to
Administrative practice and read as follows: felony under Federal or State law.
procedure, Armed forces, Civil rights, (Authority: 38 U.S.C. 5313B)
Claims, Colleges and universities, § 21.4131 Commencing dates.
Conflict of interests, Education, (ll) Felony. The term felony means a
* * * * *
Employment, Grant programs- major crime or offense defined as such
(i) Fugitive felons. An award of
education, Grant programs-veterans, under the law of the place where the
educational assistance allowance to an
Health care, Loan programs-education, offense was committed or under Federal
otherwise eligible veteran or person will
Loan programs-veterans, Manpower law. It includes a high misdemeanor
begin effective the date the warrant for
training programs, Reporting and under the laws of a State which
the arrest of the felon is cleared by—
recordkeeping requirements, Schools, (1) Arrest; characterizes as high misdemeanors
Travel and transportation expenses, (2) Surrendering to the issuing offenses that would be felony offenses
Veterans, Vocational education, authority; under Federal law.
Vocational rehabilitation. (3) Dismissal; or (Authority: 38 U.S.C. 5313B)

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Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Rules and Regulations 25787

Subpart K—All Volunteer Force to an otherwise eligible veteran for any ADDRESSES: If you wish to determine
Educational Assistance Program period after December 26, 2001, during whether a particular community was
(Montgomery GI Bill—Active Duty) which the veteran is a fugitive felon. suspended on the suspension date,
The date of discontinuance of an award contact the appropriate FEMA Regional
■ 7. The authority citation for part 21, of educational assistance allowance to a Office or the NFIP servicing contractor.
subpart K continues to read as follows: veteran who is a fugitive felon is the
FOR FURTHER INFORMATION CONTACT:
Authority: 38 U.S.C. 501(a), chs. 30, 36, later of—
unless otherwise noted. (i) The date of the warrant for the Michael M. Grimm, Mitigation Division,
arrest of the felon; or 500 C Street, SW., Room 412,
■ 8. Amend § 21.7020 to add and reserve
(ii) December 27, 2001. Washington, DC 20472, (202) 646–2878.
paragraphs (b)(52) through (b)(55)
immediately after the authority citation (2) VA will not award educational SUPPLEMENTARY INFORMATION: The NFIP
at the end of paragraph (b)(51) and to add assistance allowance to a dependent enables property owners to purchase
paragraphs (b)(56) and (b)(57) to read as who is otherwise eligible to transferred flood insurance which is generally not
follows: entitlement if the dependent is a otherwise available. In return,
fugitive felon or if the veteran who
communities agree to adopt and
§ 21.7020 Definitions. transferred the entitlement is a fugitive
administer local floodplain management
* * * * * felon. The date of discontinuance of an
aimed at protecting lives and new
(b) * * * award of educational assistance
(52)–(55) [Reserved] construction from future flooding.
allowance to a dependent is the later
(56) Fugitive felon. The term fugitive of— Section 1315 of the National Flood
felon has the same meaning as provided (i) The date of the warrant; or Insurance Act of 1968, as amended, 42
in § 21.4200(kk). (ii) December 27, 2001. U.S.C. 4022, prohibits flood insurance
coverage as authorized under the
(Authority: 38 U.S.C. 5313B) (Authority: 38 U.S.C. 5313B)
(57) Felony. The term felony has the National Flood Insurance Program, 42
* * * * * U.S.C. 4001 et seq.; unless an
same meaning as provided in [FR Doc. 05–9733 Filed 5–13–05; 8:45 am]
§ 21.4200(ll). appropriate public body adopts
BILLING CODE 8320–01–P adequate floodplain management
(Authority: 38 U.S.C. 5313B)
measures with effective enforcement
■ 9. Amend § 21.7131 to add paragraph measures. The communities listed in
(q) immediately after the information DEPARTMENT OF HOMELAND
this document no longer meet that
collection requirement approval SECURITY
statutory requirement for compliance
parenthetical at the end of paragraph (p) with program regulations, 44 CFR part
to read as follows: Federal Emergency Management
Agency 59 et seq. Accordingly, the communities
§ 21.7131 Commencing dates. will be suspended on the effective date
* * * * * 44 CFR Part 64 in the third column. As of that date,
(q) Fugitive felons. (1) An award of flood insurance will no longer be
educational assistance allowance to an [Docket No. FEMA–7877] available in the community. However,
otherwise eligible veteran may begin some of these communities may adopt
Suspension of Community Eligibility
effective the date the warrant for the and submit the required documentation
arrest of the felon is cleared by— AGENCY: Federal Emergency of legally enforceable floodplain
(i) Arrest; Management Agency, Emergency management measures after this rule is
(ii) Surrendering to the issuing Preparedness and Response Directorate, published but prior to the actual
authority; Department of Homeland Security. suspension date. These communities
(iii) Dismissal; or ACTION: Final rule. will not be suspended and will continue
(iv) Court documents (dated after the their eligibility for the sale of insurance.
warrant) showing the veteran is no SUMMARY: This rule identifies
A notice withdrawing the suspension of
longer a fugitive. communities, where the sale of flood
(2) An award of educational the communities will be published in
insurance has been authorized under
assistance allowance to a dependent the Federal Register.
the National Flood Insurance Program
who is otherwise eligible to transferred (NFIP), that are scheduled for In addition, the Federal Emergency
entitlement may begin effective the date suspension on the effective dates listed Management Agency has identified the
the warrant is cleared by— within this rule because of special flood hazard areas in these
(i) Arrest; noncompliance with the floodplain communities by publishing a Flood
(ii) Surrendering to the issuing management requirements of the Insurance Rate Map (FIRM). The date of
authority; program. If the Federal Emergency the FIRM if one has been published, is
(iii) Dismissal; or Management Agency (FEMA) receives indicated in the fourth column of the
(iv) Court documents (dated after the documentation that the community has table. No direct Federal financial
warrant) showing the individual is no adopted the required floodplain assistance (except assistance pursuant to
longer a fugitive. management measures prior to the the Robert T. Stafford Disaster Relief
(Authority: 38 U.S.C. 5313B) effective suspension date given in this and Emergency Assistance Act not in
■ 10. Amend § 21.7135 to add paragraph rule, the suspension will not occur and connection with a flood) may legally be
(aa) immediately after the authority a notice of this will be provided by provided for construction or acquisition
citation at the end of paragraph (z) to publication in the Federal Register on a of buildings in the identified special
read as follows: subsequent date. flood hazard area of communities not
EFFECTIVE DATES: The effective date of participating in the NFIP and identified
§ 21.7135 Discontinuance dates. each community’s scheduled for more than a year, on the Federal
* * * * * suspension is the third date (‘‘Susp.’’) Emergency Management Agency’s
(aa) Fugitive felons. (1) VA will not listed in the third column of the initial flood insurance map of the
award educational assistance allowance following tables. community as having flood-prone areas

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