Increase in Rates Payable Under the Montgomery GI Bill-Selected Reserve and Other Miscellaneous Issues, 39562-39564 [07-3466]
Download as PDF
39562
Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Rules and Regulations
(i) It shall be incorporated into each
ton of complete feed by adding no less
than 1 pound of a premix containing no
more than 272.4 milligrams of added
selenium per pound.
(ii) It shall be incorporated into each
ton of salt-mineral mixture for beef
cattle from a premix containing no more
than 4.5 grams of added selenium per
pound.
(4) Usage of this additive must
conform to the requirements of
paragraphs (e) and (f) of this section.
Dated: July 6, 2007.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. E7–13954 Filed 7–18–07; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF DEFENSE
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AM50
Increase in Rates Payable Under the
Montgomery GI Bill—Selected Reserve
and Other Miscellaneous Issues
Department of Defense,
Department of Homeland Security
(United States Coast Guard), and
Department of Veterans Affairs.
ACTION: Final rule.
cprice-sewell on PROD1PC66 with RULES
AGENCIES:
SUMMARY: This document amends
Department of Veterans Affairs (VA)
regulations to increase the monthly rates
of basic educational assistance payable
under the Montgomery GI Bill—
Selected Reserve (MGIB–SR) program
for fiscal years 2005 and 2006 in
accordance with statutory requirements,
increase the percentage of basic
educational assistance payable to
reservists pursuing apprenticeship or
other on-the-job training in accordance
with the Veterans Benefits Act of 2004,
and remove obsolete education breakpay provisions.
DATES: Effective Date: This final rule is
effective July 19, 2007.
Applicability Dates: The changes in
the MGIB–SR rates for fiscal years 2005
and 2006 are applied retroactively to
October 1, 2004, and October 1, 2005,
respectively to conform to statutory
requirements. The change in the
percentage of basic educational
assistance payable to reservists pursuing
VerDate Aug<31>2005
13:36 Jul 18, 2007
Jkt 211001
apprenticeship or other on-the-job
training is applied retroactively to
October 1, 2005, to conform to statutory
requirements. The changes in the breakpay regulations contained in 38 CFR
21.7640 are effective July 19, 2007.
FOR FURTHER INFORMATION CONTACT:
Brandye R. Kidd, Management and
Program Analyst, Education Service
(225C), Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, telephone (202)
273–7420. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION:
I. Increase in MGIB–SR Monthly Rates
Under the formula mandated by 10
U.S.C. 16131(b), the rates of basic
educational assistance under the MGIB–
SR payable to students pursuing a
program of education full-time, threequarter-time, and half-time must be
increased by the percentage by which
the total monthly Consumer Price
Index-W for the 12-month period ending
on June 30 preceding the fiscal year
during which the increase is applicable
exceeds the Consumer Price Index-W for
the 12-month period ending on June 30
the previous fiscal year. Using this
formula, VA calculated a 2 percent
increase for fiscal year 2005 and a 3
percent increase for fiscal year 2006.
Section 16131(b) also requires that VA
pay reservists, who are pursuing a
program of education at less than halftime, an appropriately reduced rate.
Since payment for less than half-time
educational programs became available
under the MGIB–SR in fiscal year 1990,
VA has paid less than half-time students
at 25 percent of the full-time rate. In this
rule, VA continues that practice and
will pay eligible reservists 25 percent of
the increased full-time rate described
above.
Section 16131(d) requires that
reservists pursuing a full-time program
of apprenticeship or other on-the-job
training be paid a percentage of the
basic educational monthly rate. Benefits
for the first 6 months of training, the
second 6 months of training, and the
remainder of the program, are payable at
75 percent, 55 percent, and 35 percent
respectively. Based on the section
16131(b) formula described above, there
is a 2 percent increase for the
apprenticeship and other on-the-job
training pursued during fiscal year 2005
and a 3 percent increase for training
during fiscal year 2006.
The increase in the MGIB–SR rates are
applied in accordance with the
applicable statutory provisions
discussed above. Thus, VA began
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Fmt 4700
Sfmt 4700
paying the 2005 and 2006 fiscal year
increases effective October 1, 2004 and
October 1, 2005 respectively.
II. Increase in the Percentage of Basic
Educational Assistance Payable to
Reservists Pursuing Apprenticeship or
Other On-the-Job Training
The Veterans Benefits Improvement
Act of 2004, Public Law 108–454,
temporarily increased the percentages
payable for apprenticeship and other
on-the-job training from 75 percent, 55
percent, and 35 percent, to 85 percent,
65 percent, and 45 percent of the fulltime rate of basic educational assistance,
respectively, after September 30, 2005,
and before January 1, 2008.
VA began paying the increased rates
for reservists pursuing apprenticeship or
other on-the-job training effective
October 1, 2005, in accordance with
Public Law 108–454.
III. Changes to Education Break-Pay
Regulations Including the Removal of
Obsolete Provisions
We are amending 38 CFR 21.7640(b)
to remove obsolete provisions and
provide greater clarity of regulations
regarding benefit payments for school
break periods between terms. In 2003,
38 CFR 21.4138(f), governing payment
for breaks between terms, quarters or
semesters, was amended to conform to
statutory requirements. The final rule
was published June 9, 2003, in the
Federal Register (68 FR 34327–34332).
The preamble to that final rule states
that changes made to § 21.4138(f) are
applicable to the Montgomery GI Bill—
Active Duty, Survivors’ and
Dependents’ Educational Assistance
Program, Veterans Educational
Assistance Program, and MGIB–SR.
Although we amended the language in
§ 21.4138(f) in that final rule, we
neglected to make a conforming
amendment to § 21.7640(b) regarding
payment for breaks, including intervals
between terms. This document amends
the language in the aforementioned
section in accordance with statutory
requirements and the previously
published rule.
The changes to the break-pay
regulations, including the removal of
obsolete provisions, are effective from
July 19, 2007.
Administrative Procedure Act
Changes to 38 CFR part 21 are being
published without regard to the noticeand-comment and delayed-effectivedate provisions of 5 U.S.C. 553 since
they merely conform VA’s existing rules
to the statutory requirements.
Accordingly, these changes involve
interpretive rules that are exempt from
E:\FR\FM\19JYR1.SGM
19JYR1
Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Rules and Regulations
the notice-and-comment and delayedeffective-date requirement of 5 U.S.C.
553(b) and (d).
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
the Office of Management and Budget
(OMB) unless OMB waives such review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this final rule have been
examined and it has been determined
not to be a significant regulatory action
under Executive Order 12866.
cprice-sewell on PROD1PC66 with RULES
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3521).
Regulatory Flexibility Act
The initial and final regulatory
flexibility analyses requirements of
sections 603 and 604 of the Regulatory
Flexibility Act, 5 U.S.C. 601–612, are
not applicable to this rule, because a
notice of proposed rulemaking is not
required for this rule. Even so, the
Secretary of Veterans Affairs hereby
certifies 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. This final rule directly
affects only individuals and does not
directly affect small entities. Therefore,
this final rule is also exempt pursuant
to 5 U.S.C. 605(b) from the initial and
VerDate Aug<31>2005
13:36 Jul 18, 2007
Jkt 211001
final regulatory flexibility analyses
requirements of sections 603 and 604.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
given year. This final rule would have
no such effect on State, local, and tribal
governments, or on the private sector.
§ 21.7636
39563
Rates of payment.
(a) Monthly rate of educational
assistance. (1) Except as otherwise
provided in this section or in § 21.7639,
basic educational assistance is payable
at the following monthly rates.
(i) For training that occurs after
September 30, 2004, and before October
1, 2005:
Training
Full time ..............................
3⁄4 time ................................
1⁄2 time ................................
1⁄4 time ................................
Monthly rate
$288.00
216.00
143.00
72.00
Catalog of Federal Domestic Assistance
There is no Catalog of Federal
Domestic Assistance number for the
program affected by this final rule.
(ii) For training that occurs after
September 30, 2005:
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.
Full time ..............................
3⁄4 time ................................
1⁄2 time ................................
1⁄4 time ................................
Approved: February 9, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
Approved: March 12, 2007.
Clifford L. Pearson,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Human Resources.
Approved: May 7, 2007.
T.F. Hall,
Assistant Secretary of Defense for Reserve
Affairs.
For the reasons stated above, VA
amends 38 CFR part 21, subpart L, as set
forth below.
I
PART 21—VOCATIONAL
REHABILITATION AND EDUCATION
Subpart L—Educational Assistance for
Members of the Selected Reserve
1. Revise the authority citation for part
21, subpart L, to read as follows:
I
Authority: 10 U.S.C. ch. 1606; 38 U.S.C.
501(a), 512, ch. 36, and as stated in specific
sections.
2. Amend § 21.7635(c)(3) by removing
‘‘§ 21.7640’’ and adding, in its place,
‘‘§ 21.4138(f)’’.
I 3. Amend § 21.7636 by revising
paragraphs (a)(1), (a)(2)(i), and (a)(3) to
read as follows:
I
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Frm 00009
Fmt 4700
Sfmt 4700
Training
Monthly rate
$297.00
222.00
147.00
74.25
(2)(i) The monthly rate of basic
educational assistance payable to a
reservist for apprenticeship or other onthe-job training full time is payable at
the following rates.
(A) For training which occurs after
September 30, 2004, and before October
1, 2005:
Training
First 6 months of pursuit of
training ............................
Second 6 months of pursuit
of training ........................
Remaining pursuit of training ...................................
Monthly rate
$216.00
158.40
100.80
(B) For training which occurs after
September 30, 2005:
Training
First 6 months of pursuit of
training ............................
Second 6 months of pursuit
of training ........................
Remaining pursuit of training ...................................
Monthly rate
$252.45
193.05
133.65
(ii) * * *
(3) The monthly rate of basic
educational assistance payable to a
reservist for pursuit of a cooperative
course is as follows:
(i) For full-time training that occurs
after September 30, 2004, and before
October 1, 2005, the rate payable is the
rate stated in paragraph (a)(1)(i) of this
section.
(ii) For full-time training that occurs
after September 30, 2005, the rate
payable is the rate stated in paragraph
(a)(1)(ii) of this section.
*
*
*
*
*
E:\FR\FM\19JYR1.SGM
19JYR1
39564
Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Rules and Regulations
4. Amend § 21.7640 by revising
paragraph (b) to read as follows:
I
§ 21.7640
Release of payments.
*
*
*
*
*
(b) Payment for breaks, including
intervals between terms. In
administering 10 U.S.C. chapter 1606,
VA will apply the provisions of
§ 21.4138(f) when determining whether
a reservist is entitled to payment for a
break, including an interval between
terms.
(Authority: 10 U.S.C. 16136(b), 38 U.S.C.
3680)
*
*
*
*
*
[FR Doc. 07–3466 Filed 7–18–07; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0502, FRL–8441–9]
Approval and Promulgation of Air
Quality Implementation; North Dakota;
Revisions to New Source Review Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of North Dakota.
The revision, adopted by North Dakota
on February 1, 2005, to Chapter 33–15–
15 of the North Dakota Administrative
Code (Prevention of Significant
Deterioration of Air Quality),
incorporates EPA’s December 31, 2002
NSR Reforms. North Dakota submitted
the request for approval of these rule
revisions into the State Implementation
Plan (SIP) on February 10, 2005. North
Dakota has a federally-approved
Prevention of Significant Deterioration
(PSD) program for new and modified
sources impacting attainment areas in
the State. North Dakota is in attainment
for all pollutants, and does not have a
SIP-approved non-attainment permit
program. This action is being taken
under section 110 of the Clean Air Act.
DATES: Effective Date: This final rule is
effective August 20, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2006–0502. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
VerDate Aug<31>2005
13:36 Jul 18, 2007
Jkt 211001
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. EPA
requests that if at all possible, you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Carl
Daly, Air and Radiation Program, U.S.
Environmental Protection Agency,
Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202, (303) 312–6416,
daly.carl@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Action Is EPA Taking?
II. Background
III. Final Action
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or North Dakota
mean the State of North Dakota, unless
the context indicates otherwise.
I. What Action Is EPA Taking?
EPA is taking final action to approve
revisions to the North Dakota SIP
regarding North Dakota’s PSD program.
On December 18, 2006 (71 FR 75687),
EPA published a notice of proposed
rulemaking (NPR) to approve North
Dakota’s revisions to their Prevention of
Significant Deterioration regulations
(Chapter 33–15–15) that incorporated
EPA’s December 31, 2002 NSR Reforms.
The formal SIP revision was submitted
by North Dakota on February 10, 2005.
The December 18, 2006 NPR provides
more detailed information about the
North Dakota SIP revisions being
approved today. The public comment
period for the proposed action ended on
January 17, 2007. No comments, adverse
or otherwise, were received on EPA’s
proposed action.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
II. Background
On December 31, 2002, EPA
published revisions to the federal PSD
and non-attainment NSR regulations in
40 CFR parts 51 and 52 (67 FR 80186).
These revisions are commonly referred
to as the ‘‘NSR Reform’’ regulations and
became effective nationally in areas not
covered by a SIP on March 3, 2003.
These regulatory revisions included
provisions for baseline emissions
determinations, actual-to-future-actual
methodology, plantwide applicability
limits (PALs), clean units, and pollution
control projects (PCPs). As stated in the
December 31, 2002 rulemaking, State
and local permitting agencies must
adopt and submit revisions to their part
51 permitting programs implementing
the minimum program elements of that
rulemaking no later than January 2,
2006 (67 FR 80240). With the February
10, 2005 submittal, North Dakota
requested approval of program revisions
into the State Implementation Plan (SIP)
that satisfy this requirement.
On November 7, 2003, EPA published
a reconsideration of the NSR Reform
regulations that clarified two provisions
in the regulations by including a
definition of ’’replacement unit’’ and by
clarifying that the plantwide
applicability limitation (PAL) baseline
calculation procedures for newly
constructed units do not apply to
modified units (68 FR 63021).
On February 10, 2005, North Dakota
submitted revisions to Chapter 33–15–
15 of the North Dakota Administrative
Code (Prevention of Significant
Deterioration of Air Quality). These
revisions to Chapter 33–15–15 were
adopted by the North Dakota
Department of Health on February 1,
2005; and repealed 33–15–15–01
(General provisions), added 33–15–15–
01.1 (Purpose) and 33–15–15–01.1
(Scope), and made reference and other
non-substantive changes to 33–15–15–
02 (Reclassification). North Dakota’s
Regulations for a PSD program for
attainment areas were federallyapproved and made a part of the SIP on
November 2, 1979 (44 FR 63103).
On June 24, 2005, the United States
Court of Appeals for the District of
Columbia Circuit issued a ruling on
challenges to the December 2002 NSR
Reform revisions (State of New York et
al. v. EPA, 413 F.3d 3 (D.C. Cir. 2005)).
Although the Court upheld most of
EPA’s rules, it vacated both the Clean
Unit and the Pollution Control Project
provisions and remanded back to EPA
the recordkeeping provision at 40 CFR
52.21(r)(6) that required a stationary
source to keep records of projects when
there was a ‘‘reasonable possibility’’ that
E:\FR\FM\19JYR1.SGM
19JYR1
Agencies
[Federal Register Volume 72, Number 138 (Thursday, July 19, 2007)]
[Rules and Regulations]
[Pages 39562-39564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3466]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AM50
Increase in Rates Payable Under the Montgomery GI Bill--Selected
Reserve and Other Miscellaneous Issues
AGENCIES: Department of Defense, Department of Homeland Security
(United States Coast Guard), and Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends Department of Veterans Affairs (VA)
regulations to increase the monthly rates of basic educational
assistance payable under the Montgomery GI Bill--Selected Reserve
(MGIB-SR) program for fiscal years 2005 and 2006 in accordance with
statutory requirements, increase the percentage of basic educational
assistance payable to reservists pursuing apprenticeship or other on-
the-job training in accordance with the Veterans Benefits Act of 2004,
and remove obsolete education break-pay provisions.
DATES: Effective Date: This final rule is effective July 19, 2007.
Applicability Dates: The changes in the MGIB-SR rates for fiscal
years 2005 and 2006 are applied retroactively to October 1, 2004, and
October 1, 2005, respectively to conform to statutory requirements. The
change in the percentage of basic educational assistance payable to
reservists pursuing apprenticeship or other on-the-job training is
applied retroactively to October 1, 2005, to conform to statutory
requirements. The changes in the break-pay regulations contained in 38
CFR 21.7640 are effective July 19, 2007.
FOR FURTHER INFORMATION CONTACT: Brandye R. Kidd, Management and
Program Analyst, Education Service (225C), Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, telephone (202) 273-7420. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION:
I. Increase in MGIB-SR Monthly Rates
Under the formula mandated by 10 U.S.C. 16131(b), the rates of
basic educational assistance under the MGIB-SR payable to students
pursuing a program of education full-time, three-quarter-time, and
half-time must be increased by the percentage by which the total
monthly Consumer Price Index-W for the 12-month period ending on June
30 preceding the fiscal year during which the increase is applicable
exceeds the Consumer Price Index-W for the 12-month period ending on
June 30 the previous fiscal year. Using this formula, VA calculated a 2
percent increase for fiscal year 2005 and a 3 percent increase for
fiscal year 2006.
Section 16131(b) also requires that VA pay reservists, who are
pursuing a program of education at less than half-time, an
appropriately reduced rate. Since payment for less than half-time
educational programs became available under the MGIB-SR in fiscal year
1990, VA has paid less than half-time students at 25 percent of the
full-time rate. In this rule, VA continues that practice and will pay
eligible reservists 25 percent of the increased full-time rate
described above.
Section 16131(d) requires that reservists pursuing a full-time
program of apprenticeship or other on-the-job training be paid a
percentage of the basic educational monthly rate. Benefits for the
first 6 months of training, the second 6 months of training, and the
remainder of the program, are payable at 75 percent, 55 percent, and 35
percent respectively. Based on the section 16131(b) formula described
above, there is a 2 percent increase for the apprenticeship and other
on-the-job training pursued during fiscal year 2005 and a 3 percent
increase for training during fiscal year 2006.
The increase in the MGIB-SR rates are applied in accordance with
the applicable statutory provisions discussed above. Thus, VA began
paying the 2005 and 2006 fiscal year increases effective October 1,
2004 and October 1, 2005 respectively.
II. Increase in the Percentage of Basic Educational Assistance Payable
to Reservists Pursuing Apprenticeship or Other On-the-Job Training
The Veterans Benefits Improvement Act of 2004, Public Law 108-454,
temporarily increased the percentages payable for apprenticeship and
other on-the-job training from 75 percent, 55 percent, and 35 percent,
to 85 percent, 65 percent, and 45 percent of the full-time rate of
basic educational assistance, respectively, after September 30, 2005,
and before January 1, 2008.
VA began paying the increased rates for reservists pursuing
apprenticeship or other on-the-job training effective October 1, 2005,
in accordance with Public Law 108-454.
III. Changes to Education Break-Pay Regulations Including the Removal
of Obsolete Provisions
We are amending 38 CFR 21.7640(b) to remove obsolete provisions and
provide greater clarity of regulations regarding benefit payments for
school break periods between terms. In 2003, 38 CFR 21.4138(f),
governing payment for breaks between terms, quarters or semesters, was
amended to conform to statutory requirements. The final rule was
published June 9, 2003, in the Federal Register (68 FR 34327-34332).
The preamble to that final rule states that changes made to Sec.
21.4138(f) are applicable to the Montgomery GI Bill--Active Duty,
Survivors' and Dependents' Educational Assistance Program, Veterans
Educational Assistance Program, and MGIB-SR. Although we amended the
language in Sec. 21.4138(f) in that final rule, we neglected to make a
conforming amendment to Sec. 21.7640(b) regarding payment for breaks,
including intervals between terms. This document amends the language in
the aforementioned section in accordance with statutory requirements
and the previously published rule.
The changes to the break-pay regulations, including the removal of
obsolete provisions, are effective from July 19, 2007.
Administrative Procedure Act
Changes to 38 CFR part 21 are being published without regard to the
notice-and-comment and delayed-effective-date provisions of 5 U.S.C.
553 since they merely conform VA's existing rules to the statutory
requirements. Accordingly, these changes involve interpretive rules
that are exempt from
[[Page 39563]]
the notice-and-comment and delayed-effective-date requirement of 5
U.S.C. 553(b) and (d).
Executive Order 12866
Executive Order 12866 directs agencies to assess all costs and
benefits of available regulatory alternatives and, when regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity). The Executive
Order classifies a ``significant regulatory action,'' requiring review
by the Office of Management and Budget (OMB) unless OMB waives such
review, as any regulatory action that is likely to result in a rule
that may: (1) Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
The economic, interagency, budgetary, legal, and policy
implications of this final rule have been examined and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The initial and final regulatory flexibility analyses requirements
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C.
601-612, are not applicable to this rule, because a notice of proposed
rulemaking is not required for this rule. Even so, the Secretary of
Veterans Affairs hereby certifies 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. This final rule
directly affects only individuals and does not directly affect small
entities. Therefore, this final rule is also exempt pursuant to 5
U.S.C. 605(b) from the initial and final regulatory flexibility
analyses requirements of sections 603 and 604.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any given year. This final rule would have no such effect
on State, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance
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, 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: February 9, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
Approved: March 12, 2007.
Clifford L. Pearson,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Human
Resources.
Approved: May 7, 2007.
T.F. Hall,
Assistant Secretary of Defense for Reserve Affairs.
0
For the reasons stated above, VA amends 38 CFR part 21, subpart L, as
set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart L--Educational Assistance for Members of the Selected
Reserve
0
1. Revise the authority citation for part 21, subpart L, to read as
follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36,
and as stated in specific sections.
0
2. Amend Sec. 21.7635(c)(3) by removing ``Sec. 21.7640'' and adding,
in its place, ``Sec. 21.4138(f)''.
0
3. Amend Sec. 21.7636 by revising paragraphs (a)(1), (a)(2)(i), and
(a)(3) to read as follows:
Sec. 21.7636 Rates of payment.
(a) Monthly rate of educational assistance. (1) Except as otherwise
provided in this section or in Sec. 21.7639, basic educational
assistance is payable at the following monthly rates.
(i) For training that occurs after September 30, 2004, and before
October 1, 2005:
------------------------------------------------------------------------
Training Monthly rate
------------------------------------------------------------------------
Full time.............................................. $288.00
\3/4\ time............................................. 216.00
\1/2\ time............................................. 143.00
\1/4\ time............................................. 72.00
------------------------------------------------------------------------
(ii) For training that occurs after September 30, 2005:
------------------------------------------------------------------------
Training Monthly rate
------------------------------------------------------------------------
Full time.............................................. $297.00
\3/4\ time............................................. 222.00
\1/2\ time............................................. 147.00
\1/4\ time............................................. 74.25
------------------------------------------------------------------------
(2)(i) The monthly rate of basic educational assistance payable to
a reservist for apprenticeship or other on-the-job training full time
is payable at the following rates.
(A) For training which occurs after September 30, 2004, and before
October 1, 2005:
------------------------------------------------------------------------
Training Monthly rate
------------------------------------------------------------------------
First 6 months of pursuit of training.................. $216.00
Second 6 months of pursuit of training................. 158.40
Remaining pursuit of training.......................... 100.80
------------------------------------------------------------------------
(B) For training which occurs after September 30, 2005:
------------------------------------------------------------------------
Training Monthly rate
------------------------------------------------------------------------
First 6 months of pursuit of training.................. $252.45
Second 6 months of pursuit of training................. 193.05
Remaining pursuit of training.......................... 133.65
------------------------------------------------------------------------
(ii) * * *
(3) The monthly rate of basic educational assistance payable to a
reservist for pursuit of a cooperative course is as follows:
(i) For full-time training that occurs after September 30, 2004,
and before October 1, 2005, the rate payable is the rate stated in
paragraph (a)(1)(i) of this section.
(ii) For full-time training that occurs after September 30, 2005,
the rate payable is the rate stated in paragraph (a)(1)(ii) of this
section.
* * * * *
[[Page 39564]]
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4. Amend Sec. 21.7640 by revising paragraph (b) to read as follows:
Sec. 21.7640 Release of payments.
* * * * *
(b) Payment for breaks, including intervals between terms. In
administering 10 U.S.C. chapter 1606, VA will apply the provisions of
Sec. 21.4138(f) when determining whether a reservist is entitled to
payment for a break, including an interval between terms.
(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680)
* * * * *
[FR Doc. 07-3466 Filed 7-18-07; 8:45 am]
BILLING CODE 8320-01-P