Education: Approval of Accredited Courses for VA Education Benefits, 1076-1077 [E7-25658]

Download as PDF 1076 Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Rules and Regulations 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. Unfunded Mandates The Unfunded Mandates Reform Act of 1995, codified at 2 U.S.C. 1532, requires agencies to 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 year. This final rule would have no such effect on State, local, and tribal governments, or on the private sector. action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign Government or power; or (ii) Has been determined by VA to have a total disability permanent in nature incurred or aggravated in the line of duty during active military, naval, or air service; is hospitalized or receiving outpatient medical care, services, or treatment for such disability; is likely to be discharged or released from such service for such disability; and the pursuit of a course of education by such individual’s spouse or child for which benefits under 38 U.S.C. chapter 35 are sought occurred after December 22, 2006. * * * * * [FR Doc. E7–25657 Filed 1–4–08; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF VETERANS AFFAIRS Catalog of Federal Domestic Assistance Numbers and Titles The Catalog of Federal Domestic Assistance program number and title for this rule is 64.117, Survivors and Dependents Educational Assistance. 38 CFR Part 21 List of Subjects in 38 CFR Part 3 Administrative practice and procedure, Claims, Disability benefits, Health care, Pensions, Radioactive materials, Veterans, Vietnam. ACTION: Approved: November 16, 2007. Gordon H. Mansfield, Acting Secretary of Veterans Affairs. For the reasons stated in the preamble, the Department of Veterans Affairs amends 38 CFR part 3 as set forth below: I PART 3—ADJUDICATION Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation 1. The authority citation for part 3, subpart A continues to read as follows: I Authority: 38 U.S.C. 501(a), unless otherwise noted. 2. Revise § 3.807(a)(5) to read as follows: I § 3.807 Dependents’ educational assistance; certification. sroberts on PROD1PC70 with RULES * * * * * (a) * * * (5) Is on active duty as a member of the Armed Forces and (i) Now is, and, for a period of more than 90 days, has been listed by the Secretary concerned as missing in VerDate Aug<31>2005 18:28 Jan 04, 2008 Jkt 214001 RIN 2900–AM80 Education: Approval of Accredited Courses for VA Education Benefits Department of Veterans Affairs. Final rule. AGENCY: SUMMARY: This document amends regulations governing aspects of educational assistance programs administered by the Department of Veterans Affairs (VA) to remove a requirement that had mirrored a former statutory requirement. This final rule reflects a statutory amendment that removed the statutory requirement that educational institutions offering accredited courses must notify VA and the student using VA education benefits of the amount of credit granted for the student’s prior education and training. DATES: Effective Date: This final rule is effective January 7, 2008. FOR FURTHER INFORMATION CONTACT: Devon E. Seibert, Management and Program Analyst, Education Service, Veterans Benefits Administration, Department of Veterans Affairs (225C), 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–9837. (This is not a toll-free telephone number.) This document amends VA regulations set forth in 38 CFR part 21 concerning approval criteria for payment under education programs administered by VA for accredited courses of education. Specifically, it removes a requirement from 38 CFR 21.4253(d)(3) that had SUPPLEMENTARY INFORMATION: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 mirrored a statutory requirement. On October 9, 1996, section 103(c) of the Veterans’ Benefits Improvements Act of 1996 (Pub. L. 104–275) removed the requirement in 38 U.S.C. 3675(b) that had required institutions offering accredited courses to notify VA and the student using VA education benefits of the amount of credit granted for a student’s prior education and training. A similar statutory requirement, in 38 U.S.C. 3676(c)(4), imposing the same reporting requirement for institutions offering non-accredited courses, was not removed by Pub. L. 104–275 and still remains in effect. When Pub. L. 104–275 was enacted, VA had no administratively efficient way to distinguish between the enrollment certifications submitted by institutions offering accredited courses and nonaccredited courses. Consequently, retaining in VA regulations the same reporting requirement for educational institutions offering accredited or nonaccredited courses assisted VA in being able to monitor compliance by institutions offering non-accredited courses. However, distinguishing between accredited and non-accredited course enrollments is now administratively feasible for VA. Because we now have the means to make this distinction, we are amending § 21.4253(d)(3) to remove the notification requirements for institutions offering accredited courses. Administrative Procedure Act This document is being published without regard to the notice-andcomment and delayed-effective-date provisions of 5 U.S.C. 553(b) and (d) since it merely changes an interpretive rule to reflect a statutory amendment, by removing language that had mirrored the former statutory requirement. Paperwork Reduction Act of 1995 This final rule contains no provisions constituting a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3521). 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 an 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 will have no such effect on State, local, and tribal governments, or on the private sector. E:\FR\FM\07JAR1.SGM 07JAR1 Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Rules and Regulations 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 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 that it is not a significant regulatory action under the Executive Order because this rule merely reflects a statutory amendment by removing the regulatory requirement that had mirrored the language of the former statutory requirement. sroberts on PROD1PC70 with RULES Regulatory Flexibility Act 18:28 Jan 04, 2008 Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this rule are 64.120, Post-Vietnam Era Veterans’ Educational Assistance; 64.124, AllVolunteer Force Educational Assistance; and 64.117, Survivors and Dependents Educational Assistance. 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: November 16, 2007. Gordon H. Mansfield, Acting Secretary of Veterans Affairs. For the reasons set out in the preamble, the Department of Veterans Affairs amends 38 CFR part 21 (subpart D) as follows: I PART 21—[AMENDED] The initial and final regulatory flexibility analysis 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. Any impact on the educational institutions affected by the rule that may be small entities would be minor for at least the reason that the rule merely removes from the regulations a requirement for reporting information that would still be required to be maintained by such educational institutions. Under 38 U.S.C. 3675(b), educational institutions offering VerDate Aug<31>2005 accredited courses are still required to maintain written records of credit for prior education given to students using VA education benefits, with the training period shortened proportionately. This final rule is therefore also exempt pursuant to 5 U.S.C. 605(b) from the regulatory flexibility analysis requirements of sections 603 and 604. Jkt 214001 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. § 21.4253 [Amended] 2. Amend § 21.4253(d)(3) by removing ‘‘, and the person and the Department of Veterans Affairs so notified’’. I [FR Doc. E7–25658 Filed 1–4–08; 8:45 am] BILLING CODE 8320–01–P PO 00000 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [Docket No. EPA–R05–RCRA–2007–0722; FRL–8514–1] Michigan: Final Authorization of State Hazardous Waste Management Program Revision Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is granting Michigan final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA published a proposed rule on October 9, 2007 at 72 FR 57258 and provided for public comment. The public comment period ended on November 8, 2007. We received no comments. No further opportunity for comment will be provided. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and is authorizing the State’s changes through this final action. DATES: The final authorization will be effective on January 7, 2008. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R05–RCRA– 2007–0722. All documents in the docket are listed in the https:// www.regulations.gov Web site index. Although listed in the index, some of the information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy. You may view and copy Michigan’s application from 9 a.m. to 4 p.m. at the following addresses: Michigan Department of Environmental Quality, Waste and Hazardous Materials Division, Constitution Hall—Atrium North, 525 West Allegan Street, Lansing, Michigan (mailing address P.O. Box 30241, Lansing, Michigan 48909), contact Ronda Blayer, (517) 353–9548; and at EPA Region 5, contact Judy Greenberg at the following address. FOR FURTHER INFORMATION CONTACT: Judy Greenberg, Michigan Regulatory Specialist, Land and Chemicals Division (LR–8J), EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–4179, e-mail: Greenberg.Judith@epa.gov. SUPPLEMENTARY INFORMATION: Frm 00035 Fmt 4700 Sfmt 4700 1077 E:\FR\FM\07JAR1.SGM 07JAR1

Agencies

[Federal Register Volume 73, Number 4 (Monday, January 7, 2008)]
[Rules and Regulations]
[Pages 1076-1077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25658]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AM80


Education: Approval of Accredited Courses for VA Education 
Benefits

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: This document amends regulations governing aspects of 
educational assistance programs administered by the Department of 
Veterans Affairs (VA) to remove a requirement that had mirrored a 
former statutory requirement. This final rule reflects a statutory 
amendment that removed the statutory requirement that educational 
institutions offering accredited courses must notify VA and the student 
using VA education benefits of the amount of credit granted for the 
student's prior education and training.

DATES: Effective Date: This final rule is effective January 7, 2008.

FOR FURTHER INFORMATION CONTACT: Devon E. Seibert, Management and 
Program Analyst, Education Service, Veterans Benefits Administration, 
Department of Veterans Affairs (225C), 810 Vermont Avenue, NW., 
Washington, DC 20420, (202) 461-9837. (This is not a toll-free 
telephone number.)

SUPPLEMENTARY INFORMATION: This document amends VA regulations set 
forth in 38 CFR part 21 concerning approval criteria for payment under 
education programs administered by VA for accredited courses of 
education. Specifically, it removes a requirement from 38 CFR 
21.4253(d)(3) that had mirrored a statutory requirement. On October 9, 
1996, section 103(c) of the Veterans' Benefits Improvements Act of 1996 
(Pub. L. 104-275) removed the requirement in 38 U.S.C. 3675(b) that had 
required institutions offering accredited courses to notify VA and the 
student using VA education benefits of the amount of credit granted for 
a student's prior education and training.
    A similar statutory requirement, in 38 U.S.C. 3676(c)(4), imposing 
the same reporting requirement for institutions offering non-accredited 
courses, was not removed by Pub. L. 104-275 and still remains in 
effect. When Pub. L. 104-275 was enacted, VA had no administratively 
efficient way to distinguish between the enrollment certifications 
submitted by institutions offering accredited courses and non-
accredited courses. Consequently, retaining in VA regulations the same 
reporting requirement for educational institutions offering accredited 
or non-accredited courses assisted VA in being able to monitor 
compliance by institutions offering non-accredited courses.
    However, distinguishing between accredited and non-accredited 
course enrollments is now administratively feasible for VA. Because we 
now have the means to make this distinction, we are amending Sec.  
21.4253(d)(3) to remove the notification requirements for institutions 
offering accredited courses.

Administrative Procedure Act

    This document is being published without regard to the notice-and-
comment and delayed-effective-date provisions of 5 U.S.C. 553(b) and 
(d) since it merely changes an interpretive rule to reflect a statutory 
amendment, by removing language that had mirrored the former statutory 
requirement.

Paperwork Reduction Act of 1995

    This final rule contains no provisions constituting a new 
collection of information under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3521).

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 an 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 will have no such effect 
on State, local, and tribal governments, or on the private sector.

[[Page 1077]]

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 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 that it is not a significant regulatory action under the 
Executive Order because this rule merely reflects a statutory amendment 
by removing the regulatory requirement that had mirrored the language 
of the former statutory requirement.

Regulatory Flexibility Act

    The initial and final regulatory flexibility analysis 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. Any impact on 
the educational institutions affected by the rule that may be small 
entities would be minor for at least the reason that the rule merely 
removes from the regulations a requirement for reporting information 
that would still be required to be maintained by such educational 
institutions. Under 38 U.S.C. 3675(b), educational institutions 
offering accredited courses are still required to maintain written 
records of credit for prior education given to students using VA 
education benefits, with the training period shortened proportionately. 
This final rule is therefore also exempt pursuant to 5 U.S.C. 605(b) 
from the regulatory flexibility analysis requirements of sections 603 
and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this rule are 64.120, Post-Vietnam Era 
Veterans' Educational Assistance; 64.124, All-Volunteer Force 
Educational Assistance; and 64.117, Survivors and Dependents 
Educational Assistance.

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: November 16, 2007.
Gordon H. Mansfield,
Acting Secretary of Veterans Affairs.

0
For the reasons set out in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 21 (subpart D) as follows:

PART 21--[AMENDED]

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.


Sec.  21.4253  [Amended]

0
2. Amend Sec.  21.4253(d)(3) by removing ``, and the person and the 
Department of Veterans Affairs so notified''.

[FR Doc. E7-25658 Filed 1-4-08; 8:45 am]
BILLING CODE 8320-01-P