Veterans and Dependents Education: Topping-Up Tuition Assistance; Licensing and Certification Tests; Duty To Assist Education Claimants; Correction, 35661-35662 [E7-12589]

Download as PDF Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Rules and Regulations TABLE 1.—OMB CONTROL NUMBERS—Continued 30 CFR Citation OMB Control No. 77.100 ....................... 77.103(a)(2) .............. 77.105 ....................... 77.106 ....................... 77.107 ....................... 77.107–1 ................... 77.215 ....................... 77.215–2 ................... 77.215–3 ................... 77.215–4 ................... 77.216–2 ................... 77.216–3 ................... 77.216–4 ................... 77.216–5 ................... 77.502 ....................... 77.800–2 ................... 77.900–2 ................... 77.1000 ..................... 77.1000–1 ................. 77.1101 ..................... 77.1200 ..................... 77.1201 ..................... 77.1202 ..................... 77.1404 ..................... 77.1432 ..................... 77.1433 ..................... 77.1702 ..................... 77.1713 ..................... 77.1900 ..................... 77.1901 ..................... 77.1906 ..................... 77.1909–1 ................. 90.201(c) ................... 90.202(b) .................. 90.204 ....................... 90.209 ....................... 90.220 ....................... 90.300 ....................... 90.301 ....................... 1219–0127 1219–0001 1219–0127 1219–0127 1219–0127 1219–0127 1219–0015 1219–0015 1219–0015 1219–0015 1219–0015 1219–0015 1219–0015 1219–0015 1219–0116 1219–0116 1219–0116 1219–0026 1219–0026 1219–0051 1219–0073 1219–0073 1219–0073 1219–0034 1219–0034 1219–0034 1219–0078 1219–0083 1219–0019 1219–0082 1219–0034 1219–0025 1219–0011 1219–0011 1219–0011 1219–0011 1219–0011 1219–0011 1219–0011 [FR Doc. E7–12578 Filed 6–28–07; 8:45 am] BILLING CODE 4510–43–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 21 RIN 2900–AK80 Veterans and Dependents Education: Topping-Up Tuition Assistance; Licensing and Certification Tests; Duty To Assist Education Claimants; Correction Department of Veterans Affairs. ACTION: Correcting amendment. rmajette on PROD1PC64 with RULES AGENCY: SUMMARY: The Department of Veterans Affairs (VA) published a document in the Federal Register on April 5, 2007 (72 FR 16962), amending the regulations governing various aspects of the education programs that VA administers. That document contained several technical errors: reference to two subparts that were not specifically VerDate Aug<31>2005 15:59 Jun 28, 2007 Jkt 211001 identified, incorrect words used to identify the individuals eligible for a particular program of educational assistance, and incorrect references when citing to other provisions of VA’s regulations. This document corrects those errors. DATES: Effective Date: June 29, 2007. Applicability Dates: The corrections to § 21.4131(a)(ii) and (d) (concerning educational assistance for licensing and certification tests) are applied retroactively to March 1, 2001. The corrections to §§ 21.7075 and 21.7142(b) (concerning ‘‘tuition assistance top-up’’) are applied retroactively to October 30, 2000. These accord with the applicability dates stated under DATES at 72 FR 16962 for provisions with those respective subject matters. FOR FURTHER INFORMATION CONTACT: Diane M. Walters, Management and Program Analyst, Education Service, Veterans Benefits Administration, Department of Veterans Affairs (225C), 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–9849. (This is not a toll-free telephone number.) SUPPLEMENTARY INFORMATION: On April 5, 2007, VA published a document in the Federal Register (72 FR 16962) amending its education regulations to implement VA’s authority under the Veterans Benefits and Health Care Improvement Act of 2000, the Veterans Claims Assistance Act of 2000, and the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001. In part, these Acts provided educational assistance under the Survivors’ and Dependents’ Educational Assistance Program (DEA), the Post-Vietnam Era Veterans’ Educational Assistance Program, and the Montgomery GI BillActive Duty for the cost of taking tests for licensure or certification. In subpart D, in the introductory text of § 21.4131, we made reference to subparts C and G, but in subsequent paragraphs (a)(2)(ii) and (d)(2)(ii), we referred to ‘‘this subpart’’ rather than identifying the applicable subparts. This document corrects that error by specifying ‘‘subpart G’’ in paragraph (a)(2)(ii) and ‘‘subpart C’’ in paragraph (d)(2)(ii). In § 21.4131(d), in describing individuals eligible for DEA, the provisions of § 21.4131(d) introductory text properly refer to ‘‘a person eligible to receive educational assistance under 38 U.S.C. chapter 35’’ and in § 21.4131(d)(1)(i) properly refer to ‘‘the eligible person’’, but when amending § 21.4131(d)(2) we twice incorrectly referred instead to ‘‘the veteran or servicemember’’, even though PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 35661 individuals eligible for DEA need not have had any military service. This document corrects that error by referring instead to ‘‘the eligible person’’ in the first instance and ‘‘he or she’’ in the second instance. When revising § 21.7075, a typographical error occurred in the last sentence of § 21.7075, in the crossreference citation. This document corrects that error by removing ‘‘§ 21.7076(b)(11)’’ and replacing it with ‘‘§ 21.7076(b)(10)’’. Lastly, when revising § 21.7142, we mistakenly in § 21.7142(b)(5)(ii) cited to the wrong paragraphs. This document corrects that error by removing ‘‘paragraph (a)(1) or (a)(2)’’ and replacing it with ‘‘paragraph (b)(1) or (b)(2)’’. List of Subjects in 38 CFR Part 21 Administrative practice and procedure, Armed forces, Civil rights, Claims, Colleges and universities, Conflict of interests, 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: June 25, 2007. Robert C. McFetridge, Assistant to the Secretary for Regulation Policy and Management. For the reasons set out in the preamble, VA is correcting 38 CFR part 21 (subparts D and K) as set forth below: I PART 21—VOCATIONAL REHABILITATION AND EDUCATION Subpart D—Administration of Educational Assistance Programs 1. The authority citation for part 21, subpart D continues to read as follows: I Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs. 30, 32, 34, 35, 36, and as noted in specific sections. 2. Amend § 21.4131 by: a. In paragraph (a)(2)(ii), removing ‘‘this subpart’’ and adding, in its place, ‘‘subpart G’’. I b. In paragraph (d)(2) introductory text, removing ‘‘veteran or servicemember’’ and adding, in its place, ‘‘eligible person’’. I c. In paragraph (d)(2)(ii), removing ‘‘the veteran or servicemember’’ and adding, in its place, ‘‘he or she’’ and removing ‘‘this subpart’’ and adding, in its place, ‘‘subpart C’’. I I E:\FR\FM\29JNR1.SGM 29JNR1 35662 Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / Rules and Regulations List of Subjects in 39 CFR Part 955 Subpart K—All Volunteer Force Educational Assistance Program (Montgomery GI Bill—Active Duty) 3. The authority citation for part 21, subpart K continues to read as follows: I Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in specific sections. § 21.7075 PART 955—[AMENDED] [Amended] 1. The authority citation for part 955 continues to read as follows: I 4. Amend § 21.7075 by removing ‘‘§ 21.7076(b)(11)’’ and adding, in its place, § 21.7076(b)(10)’’. I § 21.7142 Authority: 39 U.S.C. 204, 401; 41 U.S.C. 607, 608. [Amended] 2. Section 955.13 is revised to read as follows: I 5. Amend § 21.7142(b)(5)(ii) by removing ‘‘paragraph (a)(1) or (a)(2)’’ and adding, in its place, ‘‘paragraph (b)(1) or (b)(2)’’. I § 955.13 Optional Small Claims (Expedited) and Accelerated Procedures. [FR Doc. E7–12589 Filed 6–28–07; 8:45 am] BILLING CODE 8320–01–P POSTAL SERVICE 39 CFR Part 955 Rules of Practice Before the Board of Contract Appeals AGENCY: ACTION: Postal Service. Final rule. SUMMARY: The Postal Service is amending its rules regarding small claims (expedited) and accelerated proceedings before the Board of Contract Appeals. EFFECTIVE DATE: June 29, 2007. FOR FURTHER INFORMATION CONTACT: Diane M. Mego, (703) 812–1905. The John Warner National Defense Authorization Act for Fiscal Year 2007 (109 Pub. L. 364, 120 Stat. 2083 (Oct. 17, 2006)) amended the Contract Disputes Act to require boards of contract appeals to provide a procedure for the disposition of an appeal from a small business concern when the amount in dispute is $150,000 or less. This rule amends 39 CFR part 955 to conform to the statutory change and to make other technical changes to the Small Claims (Expedited) and Accelerated procedure rules before the Board. These revisions are a statutorily mandated change in agency rules of procedure and make other technical changes to the Board’s rules of procedure that do not substantially affect any rights or obligations of private parties. Therefore, it is appropriate for their adoption by the Postal Service to become effective immediately. rmajette on PROD1PC64 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:59 Jun 28, 2007 Administrative practice and procedure, Contract Disputes Act of 1978, Postal Service. I Accordingly, the Postal Service adopts amendments to 39 CFR part 955 as specifically set forth below: Jkt 211001 (a) The SMALL CLAIMS (EXPEDITED) Procedure. (1) The SMALL CLAIMS (EXPEDITED) procedure is available solely at the election of the appellant. Such election requires decision of the appeal, whenever possible, within 120 days after the Board receives written notice of the appellant’s election to utilize this procedure. (2) The appellant may elect this procedure when (i) There is a monetary amount in dispute and that amount is $50,000 or less, or (ii) There is a monetary amount in dispute and that amount is $150,000 or less and the appellant is a small business concern (as that term is defined in the Small Business Act and regulations promulgated under the Act). (3) In cases proceeding under the SMALL CLAIMS (EXPEDITED) procedure, the respondent shall send the Board a copy of the contract, the contracting officer’s final decision, and the appellant’s claim letter or letters, if any, within ten days from the respondent’s first receipt from either the appellant or the Board of a copy of the appellant’s notice of election of the SMALL CLAIMS (EXPEDITED) procedure. If either party requests an oral hearing in accordance with § 955.9, the Board shall promptly schedule such a hearing for a mutually convenient time consistent with administrative due process and the 120-day limit for a decision, at a place determined under § 955.18. If a hearing is not requested by either party, the appeal shall be deemed to have been submitted under § 955.12 without a hearing. (4) Promptly after receipt of the appellant’s election of the SMALL CLAIMS (EXPEDITED) procedure, the Board shall establish a schedule of proceedings that will allow for the timely resolution of the appeal. Pleadings, discovery, and other PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 prehearing activities may be restricted or eliminated at the Board’s discretion as necessary to enable the Board to decide the appeal within 120 days after the Board has received the appellant’s notice of election of the SMALL CLAIMS (EXPEDITED) procedure. In so doing, the Board may reserve whatever time up to 30 days it considers necessary for preparation of the decision. (5) Written decision by the Board in cases processed under the SMALL CLAIMS (EXPEDITED) procedure will be short and contain only summary findings of fact and conclusions. Decisions will be rendered for the Board by a single Administrative Judge. If there has been a hearing, the Administrative Judge presiding at the hearing may, in his or her discretion, at the conclusion of the hearing and after entertaining such oral arguments as he or she deems appropriate, render on the record oral summary findings of fact, conclusions of law, and a decision of the appeal. Whenever such an oral decision is rendered, the Board will subsequently furnish the parties a printed copy of such oral decision for the record and payment purposes and for the establishment of the commencement date of the period for filing a motion for reconsideration under § 955.30. (6) Decisions of the Board under the SMALL CLAIMS (EXPEDITED) procedure will not be published, will have no value as precedents, and in the absence of fraud, cannot be appealed. (b) The ACCELERATED Procedure. (1) This procedure is available solely at the election of the appellant and shall apply only to appeals where there is a monetary amount in dispute and the amount in dispute is $100,000 or less. Such election requires decision of the appeal, whenever possible, within 180 days after the Board receives written notice of the appellant’s election to utilize this procedure. (2) Promptly after receipt of the appellant’s election of the ACCELERATED procedure, the Board shall establish a schedule of proceedings that will allow for the timely resolution of the appeal. The Board, in its discretion, may shorten time periods prescribed elsewhere in these Rules as necessary to enable the Board to decide the appeal within 180 days after the Board has received the appellant’s notice of election of the ACCELERATED procedure. (3) Written decisions by the Board in cases processed under the ACCELERATED procedure will normally be short and contain only summary findings of fact and E:\FR\FM\29JNR1.SGM 29JNR1

Agencies

DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Rules and Regulations]
[Pages 35661-35662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12589]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AK80


Veterans and Dependents Education: Topping-Up Tuition Assistance; 
Licensing and Certification Tests; Duty To Assist Education Claimants; 
Correction

AGENCY: Department of Veterans Affairs.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) published a document 
in the Federal Register on April 5, 2007 (72 FR 16962), amending the 
regulations governing various aspects of the education programs that VA 
administers. That document contained several technical errors: 
reference to two subparts that were not specifically identified, 
incorrect words used to identify the individuals eligible for a 
particular program of educational assistance, and incorrect references 
when citing to other provisions of VA's regulations. This document 
corrects those errors.

DATES: Effective Date: June 29, 2007.
    Applicability Dates: The corrections to Sec.  21.4131(a)(ii) and 
(d) (concerning educational assistance for licensing and certification 
tests) are applied retroactively to March 1, 2001. The corrections to 
Sec. Sec.  21.7075 and 21.7142(b) (concerning ``tuition assistance top-
up'') are applied retroactively to October 30, 2000. These accord with 
the applicability dates stated under DATES at 72 FR 16962 for 
provisions with those respective subject matters.

FOR FURTHER INFORMATION CONTACT: Diane M. Walters, Management and 
Program Analyst, Education Service, Veterans Benefits Administration, 
Department of Veterans Affairs (225C), 810 Vermont Avenue, NW., 
Washington, DC 20420, (202) 461-9849. (This is not a toll-free 
telephone number.)

SUPPLEMENTARY INFORMATION: On April 5, 2007, VA published a document in 
the Federal Register (72 FR 16962) amending its education regulations 
to implement VA's authority under the Veterans Benefits and Health Care 
Improvement Act of 2000, the Veterans Claims Assistance Act of 2000, 
and the Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001. In part, these Acts provided educational assistance under 
the Survivors' and Dependents' Educational Assistance Program (DEA), 
the Post-Vietnam Era Veterans' Educational Assistance Program, and the 
Montgomery GI Bill-Active Duty for the cost of taking tests for 
licensure or certification.
    In subpart D, in the introductory text of Sec.  21.4131, we made 
reference to subparts C and G, but in subsequent paragraphs (a)(2)(ii) 
and (d)(2)(ii), we referred to ``this subpart'' rather than identifying 
the applicable subparts. This document corrects that error by 
specifying ``subpart G'' in paragraph (a)(2)(ii) and ``subpart C'' in 
paragraph (d)(2)(ii).
    In Sec.  21.4131(d), in describing individuals eligible for DEA, 
the provisions of Sec.  21.4131(d) introductory text properly refer to 
``a person eligible to receive educational assistance under 38 U.S.C. 
chapter 35'' and in Sec.  21.4131(d)(1)(i) properly refer to ``the 
eligible person'', but when amending Sec.  21.4131(d)(2) we twice 
incorrectly referred instead to ``the veteran or servicemember'', even 
though individuals eligible for DEA need not have had any military 
service. This document corrects that error by referring instead to 
``the eligible person'' in the first instance and ``he or she'' in the 
second instance.
    When revising Sec.  21.7075, a typographical error occurred in the 
last sentence of Sec.  21.7075, in the cross-reference citation. This 
document corrects that error by removing ``Sec.  21.7076(b)(11)'' and 
replacing it with ``Sec.  21.7076(b)(10)''.
    Lastly, when revising Sec.  21.7142, we mistakenly in Sec.  
21.7142(b)(5)(ii) cited to the wrong paragraphs. This document corrects 
that error by removing ``paragraph (a)(1) or (a)(2)'' and replacing it 
with ``paragraph (b)(1) or (b)(2)''.

List of Subjects in 38 CFR Part 21

    Administrative practice and procedure, Armed forces, Civil rights, 
Claims, Colleges and universities, Conflict of interests, 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: June 25, 2007.
Robert C. McFetridge,
Assistant to the Secretary for Regulation Policy and Management.

0
For the reasons set out in the preamble, VA is correcting 38 CFR part 
21 (subparts D and K) as set forth below:

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart D--Administration of Educational Assistance Programs

0
1. The authority citation for part 21, subpart D continues to read as 
follows:

    Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs. 
30, 32, 34, 35, 36, and as noted in specific sections.


0
2. Amend Sec.  21.4131 by:
0
a. In paragraph (a)(2)(ii), removing ``this subpart'' and adding, in 
its place, ``subpart G''.
0
b. In paragraph (d)(2) introductory text, removing ``veteran or 
servicemember'' and adding, in its place, ``eligible person''.
0
c. In paragraph (d)(2)(ii), removing ``the veteran or servicemember'' 
and adding, in its place, ``he or she'' and removing ``this subpart'' 
and adding, in its place, ``subpart C''.

[[Page 35662]]

Subpart K--All Volunteer Force Educational Assistance Program 
(Montgomery GI Bill--Active Duty)

0
3. The authority citation for part 21, subpart K continues to read as 
follows:

    Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in 
specific sections.


Sec.  21.7075  [Amended]

0
4. Amend Sec.  21.7075 by removing ``Sec.  21.7076(b)(11)'' and adding, 
in its place, Sec.  21.7076(b)(10)''.


Sec.  21.7142  [Amended]

0
5. Amend Sec.  21.7142(b)(5)(ii) by removing ``paragraph (a)(1) or 
(a)(2)'' and adding, in its place, ``paragraph (b)(1) or (b)(2)''.

[FR Doc. E7-12589 Filed 6-28-07; 8:45 am]
BILLING CODE 8320-01-P

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