[Federal Register Volume 62, Number 232 (Wednesday, December 3, 1997)]
[Rules and Regulations]
[Pages 63847-63848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31627]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AI94
Veterans Education: Increased Allowances for the Educational
Assistance Test Program
AGENCIES: Department of Defense and Department of Veterans Affairs.
ACTION: Final rule.
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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 rates were last
adjusted. After consultation with the Department of Education, the
Department of Defense has concluded that the rates for the 1997-98
academic year should be increased by 6% over the rates payable for the
1996-97 academic year. The
[[Page 63848]]
regulations dealing with these rates are amended accordingly.
EFFECTIVE DATE: December 3, 1997.
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 1996-97 academic year. Accordingly, this revision changes 38
CFR 21.5820 and 21.5822 to reflect a 6% increase in the rates payable
in the 1997-98 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 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
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 programs-education, Loan programs-veterans,
Manpower training programs, Reporting and recordkeeping requirements,
Schools, Travel and transportation expenses, Veterans, Vocational
education, Vocational rehabilitation.
Approved: October 17, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
Approved: November 13, 1997.
Normand G. Lezy,
Lieutenant General, USAF, Deputy Assistant Secretary (Military
Personnel Policy).
For the reasons set out above, 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. chapter 107, Pub. L. 96-342.
Sec. 21.5820 [Amended]
2. In Sec. 21.5820, paragraph (b)(1) is amended by removing ``1996-
97'' and adding, in its place, ``1997-98'', and by removing ``$2,927''
and adding, in its place, ``$3,103''; paragraph (b)(2)(ii) is amended
by removing ``1996-97'' and adding, in its place ``1997-98''; paragraph
(b)(2)(ii)(A) is amended by removing ``$325.22'' and adding, in its
place, ``$344.78'', and by removing ``$162.61'' and adding, in its
place, ``$172.39''; paragraph (b)(2)(ii)(B) is amended by removing
``$10.84'' and adding, in its place, ``$11.49'', and by removing
``$5.42'', and adding, in its place, ``$5.75''; paragraph (b)(2)(ii)(C)
is amended by removing ``increased'' both times it appears and adding,
in its place, ``decreased''; paragraph (b)(3)(ii) is amended by
removing ``1996-97'' and adding, in its place, ``1997-98''; paragraph
(b)(3)(ii)(A) is amended by removing ``$325.22'' and adding, in its
place, ``$344.78'', and by removing ``$162.61'' and adding, in its
place, ``$172.39''; paragraph (b)(3)(ii)(B) is amended by removing
``$10.84'' and adding, in its place ``$11.49'', and by removing
``$5.42'' and adding, in its place, ``$5.75''; and paragraph
(b)(3)(ii)(C) is amended by removing ``increased'' both times it
appears and adding, in its place, ``decreased''.
Sec. 21.5822 [Amended]
3. In Sec. 21.5822, paragraph (b)(1)(i) is amended by removing
``$729'' and adding, in its place, ``$773'' and by removing ``1996-97''
and adding in its place, ``1997-98''; paragraph (b)(1)(ii) is amended
by removing ``$364.50'' and adding, in its place, ``$386.50'' and by
removing ``1996-97'' and adding, in its place, ``1997-98''; paragraph
(b)(2)(i) is amended by removing ``1996-97'' and adding, in its place,
``1997-98'' and by removing ``$729'' and adding, in its place,
``$773''; and paragraph (b)(2)(ii) is amended by removing ``1996-97''
and adding, in its place, ``1997-98'' and by removing ``$364.50'', and
adding, in its place, ``$386.50''.
[FR Doc. 97-31627 Filed 12-2-97; 8:45 am]
BILLING CODE 8320-01-P
