[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Rules and Regulations]
[Pages 44660-44661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21248]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AJ40
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 1998-99
academic year should be increased by 5% over the rates payable for the
1997-98 academic year. The regulations dealing with these rates are
amended accordingly.
DATES: This rule is effective August 17, 1999.
FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education
Advisor, 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
[[Page 44661]]
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 5% in the 1997-98 academic year. Accordingly, this final
rule changes 38 CFR 21.5820 and 21.5822 to reflect a 5% increase in the
rates payable in the 1998-99 academic year. These changes to
Sec. 21.5820 include removing provisions for adjustments to compensate
for rounding, which were not applicable because this year the resulting
numerical values did not involve rounding. Other nonsubstantive changes
are made for the purpose of clarification.
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 other changes made by this document
are merely nonsubstantive changes for the purpose of clarification.
Regulatory Flexibility Act
The Secretary of Veterans Affairs and the Secretary of Defense
hereby certify 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, 5 U.S.C. 601-612. This final
rule directly affects only individuals. Pursuant to 5 U.S.C. 605(b),
this final rule, therefore, is exempt from the initial and final
regulatory flexibility analyses requirements of sections 603 and 604.
There is no Catalog of Federal Domestic Assistance number for the
program affected by this final rule.
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, Health programs, Loan programs-education, Loan
programs-veterans, Manpower training programs, Reporting and
recordkeeping requirements, Schools, Travel and transportation
expenses, Veterans, Vocational education, Vocational rehabilitation.
Approved: March 10, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
Approved: May 19, 1999.
Curtis B. Taylor,
Colonel U.S. Army, Principal Director, (Military Personnel Policy),
Department of Defense.
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, is revised to
read as follows:
Authority: 10 U.S.C. ch. 107; 38 U.S.C. 501(a), 3695, 5101,
5113, 5303A; 42 U.S.C. 2000; sec. 901, Pub. L. 96-342, 94 Stat.
1111-1114, unless otherwise noted.
2. In Sec. 21.5820, paragraph (b)(1) is amended by removing ``1997-
98'' and adding, in its place, ``1998-99'' and by removing ``$3,103''
and adding, in its place, ``$3,258''; paragraph (b)(2)(ii) introductory
text is amended by removing ``1997-98'' and adding, in its place,
``1998-99''; paragraph (b)(2)(ii)(A) is amended by removing ``$344.78''
and adding, in its place, ``$362'' and by removing ``$172.39'' and
adding, in its place, ``$181''; paragraph (b)(2)(ii)(B) is amended by
removing ``$11.49'' and adding, in its place, ``$12.07'' and by
removing ``$5.75'' and adding, in its place, ``$6.03''; paragraph
(b)(3)(ii) introductory text is amended by removing ``1997-98'' and
adding, in its place, ``1998-99''; paragraph (b)(3)(ii)(A) is amended
by removing ``$344.78'' and adding, in its place, ``$362'' and by
removing ``$172.39'' and adding, in its place, ``$181''; paragraph
(b)(3)(ii)(B) is amended by removing ``$11.49'' and adding, in its
place, ``$12.07'' and by removing ``$5.75'' and adding, in its place,
``$6.03''; and paragraphs (b)(2)(ii)(C) and (b)(3)(ii)(C) are revised
to read as follows:
Sec. 21.5820 Educational assistance.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(C) Adding the two results.
(3) * * *
(ii) * * *
(C) Adding the two results; and
* * * * *
Sec. 21.5822 [Amended]
3. In Sec. 21.5822, paragraph (a) introductory text is amended by
removing ``payable to'' and adding, in its place, ``payable to'';
paragraph (b)(1)(i) is amended by removing ``$773'' and adding, in its
place, ``$812'', by removing ``1997-98'' and adding, in its place,
``1998-99'', and by removing ``year,'' and adding, in its place;
``year.''; paragraph (b)(1)(ii) is amended by removing ``$386.50'' and
adding, in its place, ``$406'', by removing ``1997-98'' and adding, in
its place, ``1998-99'', and by removing ``year,'' and adding, in its
place, ``year.''; paragraph (b)(2)(i) is amended by removing ``1997-
98'' and adding, in its place, ``1998-99'', by removing ``$773'' and
adding, in its place, ``$812'', and by removing ``day:'' and adding, in
its place, ``day.''; and paragraph (b)(2)(ii) is amended by removing
``1997-98'' and adding, in its place, ``1998-99'', by removing
``$386.50'' and adding, in its place, ``$406'', and by removing
``day;'' and adding, in its place, ``day.''.
[FR Doc. 99-21248 Filed 8-16-99; 8:45 am]
BILLING CODE 8320-01-P
