[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29481-29483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14370]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF TRANSPORTATION
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AI04
Montgomery GI Bill--Selected Reserve: Miscellaneous
AGENCIES: Department of Defense, Department of Transportation (Coast
Guard), and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends regulations concerning the Montgomery GI
Bill--Selected Reserve program. It removes provisions that are
obsolete, duplicative, or otherwise unnecessary. It also makes changes
for purposes of clarification.
EFFECTIVE DATE: June 11, 1996.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, Department of Veterans Affairs, 202-273-7187.
SUPPLEMENTARY INFORMATION: The regulations governing the Montgomery GI
Bill--Selected Reserve program are found in 38 CFR, Part 21, Subpart L
(see
[[Page 29482]]
38 CFR 21.7500 through 21.7810). This document amends these regulations
as discussed below.
Section 21.7639(a) contained provisions for reducing educational
assistance for reservists due to excessive absences. Due to a statutory
change, these provisions applied only to absences occurring prior to
December 18, 1989. Consequently, this paragraph is unnecessary and is
removed.
Section 21.7639(e) provided that in certain instances a reservist's
monthly payment would be reduced if he or she enrolled in a course
offered by a combination of on-campus training and independent study.
Because of a statutory change, there no longer is a basis for reducing
monthly payments for such enrollments. Therefore, that paragraph is
removed.
In addition, Sec. 21.7639(f)(1) discussed payment for independent
study begun before July 1, 1993. The reservists affected by that
paragraph have been paid. Accordingly, it is unnecessary and is
removed.
Section 21.7640(b) is amended to reflect organizational changes
previously made within the Department of Veterans Affairs (VA).
Section 21.7645 is removed because it is no longer necessary. VA
recently revised Sec. 21.4145 so that it applies to VA's work-study
programs in all the education programs VA administers. There is no need
for a separate regulation restating work-study provisions for
participants in the Montgomery GI Bill--Selected Reserve program.
Section 21.7652 is amended to remove an obsolete reference and to
correct a typographical error.
Section 21.7672 contained many provisions concerning course
measurement for courses begun before July 1, 1993. Those provisions are
no longer needed because the reservists in those courses already have
been paid for their training. This document amends the course
measurement provisions accordingly.
Section 21.7801 is amended to reflect organizational changes
previously made within VA.
Section 21.7810 is removed. Paragraph (a) was duplicative of
provisions concerning civil rights matters in 38 CFR Parts 18, 18a, and
18b. Paragraph (b) merely concerned the applicability of provisions
that were removed by another Federal Register document.
This document also makes changes for clarification to some of the
sections referred to above and to other sections in Subpart L.
This document removes provisions that are obsolete, duplicative, or
without substantive effect and makes changes for clarification. This
document makes no substantive changes. Accordingly, there is a basis
for dispensing with prior notice and comment and delayed effective date
provisions of 5 U.S.C. 552 and 553.
The Secretary of Veterans Affairs, the Secretary of Defense, and
the Commandant of the Coast Guard 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 makes no substantive changes. Pursuant
to 5 U.S.C. 605(b), this final rule, therefore, is exempt from the
initial and final regulatory flexibility analyses requirements of
Secs. 603 and 604.
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, Health care, Loan programs-education, Loan programs-
veterans, Manpower training programs, Reporting and recordkeeping
requirements, Schools, Travel and transportation expenses, Veterans,
Vocational education, Vocational rehabilitation.
Approved: May 22, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
Approved: May 29, 1996.
Al H. Bemis,
Deputy Assistant Secretary of Defense for Reserve Affairs (M&P).
Approved: May 31, 1996.
R. M. Larrabee,
Rear Admiral, U.S. Coast Guard, Director of Reserve and Training.
For the reasons set out in the preamble, 38 CFR part 21 (subpart L)
is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart L--Educational Assistance for Members of the Selected
Reserve
1. The authority citation for 38 CFR part 21, subpart L is revised
to read as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501, unless otherwise
noted.
2. In Sec. 21.7639, the introductory text is amended by removing
``of this part''; paragraphs (a), (e), and (f)(1) are removed;
paragraphs (b), (c), (d), (f)(2), (f)(3), (g), (h), (i), (j), and (k)
are redesignated as paragraphs (a), (b), (c), (d)(1), (d)(2), (e), (f),
(g), (h), and (i), respectively; newly redesignated paragraph (a)(1)
introductory text is amended by removing ``unless;'' and adding, in its
place, ``unless''; newly redesignated paragraph (a)(1)(ii)(B) is
amended by removing ``veteran or servicemember'' and adding, in its
place, ``reservist''; newly redesignated paragraph (c)(2)(i) is amended
by removing ``the VA'' and adding, in its place, ``VA''; newly
redesignated paragraph (c)(2)(ii) is amended by removing ``of this
part''; newly redesignated paragraph (c)(3) introductory text is
amended by removing ``(d)(2)(i)'' and adding, in its place,
``(c)(2)(i)''; and newly redesignated paragraph (c)(3)(ii) is amended
by removing ``(d)(3)(i)'' and adding, in its place, ``(c)(3)(i)''.
Sec. 21.7640 [Amended]
3. In Sec. 21.7640, paragraph (b)(1) is amended by removing ``of
this part'' both places it appears; paragraph (b)(2)(i) is amended by
removing ``Vocational Rehabilitation and''; and paragraph (b)(2)(ii) is
amended by removing ``Vocational Rehabilitation and'' both places it
appears.
Sec. 21.7645 [Removed]
4. Section 21.7645 is removed.
Sec. 21.7652 [Amended]
5. In Sec. 21.7652, paragraph (c)(2)(ii) is removed; paragraphs
(c)(2)(iii), (c)(2)(iv), (c)(2)(v), and (c)(2)(vi) are redesignated as
paragraphs (c)(2)(ii), (c)(2)(iii), (c)(2)(iv), and (c)(2)(v),
respectively; and newly redesignated paragraph (c)(2)(v) is amended by
removing ``of'' and adding, in its place, ``or''.
6. In Sec. 21.7672, paragraphs (a)(3), (b)(1), (c), (d), and (e)
are removed; paragraphs (a)(4), (b)(2), (b)(3), (b)(4), (b)(5), and (f)
are redesignated as paragraphs (a)(3), (b)(1), (b)(2), (b)(3), (b)(4),
and (c), respectively; newly redesignated paragraph (b)(1)(i) is
amended by removing ``of this part''; newly redesignated paragraph
(b)(3) is amended by removing ``paragraph (f)'' each time it appears
and adding, in its place, ``paragraph (c)''; and paragraph (a)(2),
newly redesignated paragraph (a)(3), and the introductory text of newly
redesignated paragraph (c) are revised, to read as follows:
[[Page 29483]]
Sec. 21.7672 Measurement of courses not leading to a standard college
degree.
(a) Overview. * * *
(2) In determining which is the correct basis for measuring a
reservist's enrollment, VA will first examine whether credit-hour
measurement is appropriate, as provided in paragraph (b) of this
section.
(3) If it is not appropriate to measure a reservist's enrollment on
a credit-hour basis, VA will measure the enrollment on a clock-hour
basis as described in paragraph (c) of this section.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688(b))
* * * * *
(c) Clock-hour measurement. The provisions of this paragraph apply
to all enrollments in courses not leading to a standard college degree.
If VA concludes that the courses in which a reservist is enrolled do
not qualify for credit-hour measurement, VA shall measure those courses
as follows. (Supervised study shall be excluded from measurement of all
courses to which this paragraph applies).
* * * * *
Sec. 21.7801 [Amended]
7. In Sec. 21.7801, paragraph (a) is amended by removing
``Vocational Rehabilitation and''; and by removing ``Chief Benefits
Director'' both places it appears and adding, in its place, ``Under
Secretary for Benefits''; and paragraph (b) is amended by removing ``of
this part''.
8. In Sec. 21.7802, the introductory text of paragraph (a) is
amended by removing ``VA facility'' and adding, in its place, ``the VA
facility of''; and paragraph (a)(3) is amended by removing ``of this
part'', and by removing ``Chapter'' and adding, in its place,
``chapter''.
Sec. 21.7805 [Amended]
9. Section 21.7805 is amended by removing ``of this part''.
Sec. 21.7810 [Removed]
10. Section 21.7810 is removed.
[FR Doc. 96-14370 Filed 6-10-96; 8:45 am]
BILLING CODE 8320-01-P
