Increase in Rates Payable Under the Survivors' and Dependents' Educational Assistance Program and Other Miscellaneous Issues, 79645-79652 [E8-31033]
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, we have
made such a good cause finding,
including the reasons stated, and
established an effective date of [Date of
Publication]. Therefore, the Agencies
will submit a report containing this rule
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
■
■
List of Subjects
[FR Doc. E8–30984 Filed 12–29–08; 8:45 am]
33 CFR Part 323
Navigation, Water Pollution Control,
Waterways.
40 CFR Part 232
Environmental Protection, Wetlands,
Water Pollution Control.
Dated: December 19, 2008.
John Paul Woodley, Jr.,
Assistant Secretary of the Army (Civil Works),
Department of the Army.
Dated: December 19, 2008.
Stephen L. Johnson,
Administrator, U.S. Environmental Protection
Agency.
In consideration of the foregoing, 33
CFR part 323 and 40 CFR part 232 are
amended as set forth below:
■
PART 323—[AMENDED]
1. The authority citation for part 323
continues to read as follows:
■
Authority: 33 U.S.C. 1344.
2. Amend § 323.2 as follows:
a. Remove paragraph (d)(2).
b. In paragraph (d)(1) introductory
text, remove the words ‘‘paragraph
(d)(3)’’ and add, in their place, the
words ‘‘paragraph (d)(2)’’.
■ c. Redesignate paragraphs (d)(3)
through (d)(6) as paragraphs (d)(2)
through (d)(5), respectively.
■ d. In the newly redesignated
paragraph (d)(3), in the first sentence of
paragraph (d)(3)(i) remove each time
they appear the words ‘‘paragraphs
(d)(5) and (d)(6)’’ and add, in their
place, the words ‘‘paragraphs (d)(4) and
(d)(5)’’.
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■
■
■
PART 232—[AMENDED]
1. The authority citation for part 232
continues to read as follows:
■
Authority: 33 U.S.C. 1344.
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2. Amend § 232.2 as follows:
a. In the definition of ‘‘Discharge of
dredged material’’, remove paragraph
(2).
■ b. In paragraph (1) of the definition of
‘‘Discharge of dredged material’’,
remove the words ‘‘paragraph (3)’’ and
add, in their place, the words
‘‘paragraph (2)’’.
■ c. Redesignate paragraphs (3) through
(6) as paragraphs (2) through (5),
respectively.
■ d. In the newly redesignated
paragraph (3) of the definition of
‘‘Discharge of dredged material’’, in the
first sentence of paragraph (3)(i) remove
each time they appear the words
‘‘paragraphs (5) and (6)’’ and add, in
their place, the words ‘‘paragraphs (4)
and (5)’’.
BILLING CODE 3710–KF–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AM67
Increase in Rates Payable Under the
Survivors’ and Dependents’
Educational Assistance Program and
Other Miscellaneous Issues
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document amends
Department of Veterans Affairs (VA)
regulations to reflect increases effective
for fiscal years 2005, 2006, 2007, 2008,
and 2009, respectively, in the monthly
rates payable under the Survivors’ and
Dependents’ Educational Assistance
(DEA) program in accordance with
statutory requirements and previously
established formulas; a change in the
formula used to calculate entitlement
charges for individuals pursuing
apprenticeship or other on-job training
in accordance with the Veterans
Benefits Improvement Act of 2004; and
nonsubstantive changes for the purpose
of clarity and to reflect agency
organization.
DATES: Effective Date: This final rule is
effective December 30, 2008.
Applicability Dates: For information
concerning the dates of applicability for
certain provisions, see the
Supplementary Information section of
this document.
FOR FURTHER INFORMATION CONTACT:
Brandye R. Terrell, Regulation
Development Team Leader (225C),
Education Service, Veterans Benefits
Administration, Department of Veterans
PO 00000
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79645
Affairs, 810 Vermont Ave., NW.,
Washington, DC 20420, (202) 461–9822.
SUPPLEMENTARY INFORMATION:
I. Increase in Monthly Rates Payable
Under the Survivors’ and Dependents’
Educational Assistance Program
Under the formula mandated by 38
U.S.C. 3564, the monthly rates of basic
educational assistance payable under
the Survivors’ and Dependents’
Educational Assistance (DEA) program
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 (FY)
during which the increase is applicable
exceeds the Consumer Price Index-W for
the 12-month period ending on June 30
preceding the previous FY. Using this
formula, VA calculated a 2 percent
increase for FY 2005, a 3 percent
increase for FY 2006, a 4 percent
increase for FY 2007, a 2.5 percent
increase for FY 2008, and a 3.9 percent
increase for FY 2009.
Public Law 91–219 authorized
monthly educational assistance
payments for eligible persons pursuing
training at less than half time. Since the
effective date of that public law,
February 1, 1970, students pursuing a
program of education at less than onehalf time but more than one-quarter
time have had their payments limited to
the prorated amount of tuition and fees
not to exceed the half-time rate.
Similarly, students pursuing a program
of education at one-quarter time or less
have had their payments limited to the
prorated amount of tuition and fees not
to exceed 25 percent of the full-time
institutional rate. The monthly rates of
basic educational assistance for students
pursuing a program of education at less
than half time are increased in
accordance with the provisions of this
paragraph, and this document makes
changes in the regulations accordingly.
The entitlement charge for
correspondence courses is based on the
monthly rates of basic educational
assistance. Hence, the amount used to
determine entitlement charge for
correspondence courses is increased by
2 percent for FY 2005, 3 percent for FY
2006, 4 percent for FY 2007, 2.5 percent
for FY 2008, and 3.9 percent for FY
2009, consistent with the adjustments in
the monthly rates of basic educational
assistance discussed above.
The increases in the DEA rates are
applied in accordance with the
applicable statutory provisions
discussed above. Thus, VA began
paying the increases for FY 2005, 2006,
2007, and 2008 effective for training
pursued on or after October 1, 2004,
October 1, 2005, October 1, 2006, and
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October 1, 2007, respectively. VA will
pay the FY 2009 increase effective for
training pursued on or after October 1,
2008.
II. Modification of the Formula Used To
Calculate Entitlement Charge for
Eligible Persons Pursuing
Apprenticeship or Other On-Job
Training
The Veterans Benefits Improvement
Act of 2004 (Pub. L. 108–454) modified
the formula used to calculate
entitlement charges for certain
apprenticeship and other on-job
trainees. Prior to October 1, 2005,
eligible persons with 38 U.S.C. chapter
35 entitlement were charged a month of
entitlement for each month they
received educational assistance. The
entitlement charge was based on the
length of training rather than the
amount received for training. Public
Law 108–454 mandates that 38 U.S.C.
chapter 35 entitlement charged for
training pursued on or after October 1,
2005, be reduced proportionately by the
percentage rate (rounded to the nearest
percentage) determined by dividing the
amount of the training assistance paid
for the month by the monthly
educational assistance payable for fulltime enrollment in an educational
institution. This document amends VA
regulations concerning 38 U.S.C.
chapter 35 entitlement accordingly, and
makes nonsubstantive changes in those
entitlement provisions intended to
clarify that entitlement charges are
charges for record purposes and not
monetary charges.
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III. Other Nonsubstantive Changes
This document also makes other
nonsubstantive changes in the DEA
regulations for the purpose of clarity.
These include clarifying changes to
specify the ending dates for certain 2004
provisions in §§ 21.3045, 21.3046,
21.3131, 21.3300, and 21.3333.
In addition, we are making a
nonsubstantive change to reflect current
agency organization. Due to a
publishing error, instructions that VA
published in the Federal Register in a
final rule entitled ‘‘Veterans Benefits
Administration Nomenclature Changes’’
(66 FR 44052–44053, Aug. 22, 2001)
were not fully implemented in the Code
of Federal Regulations. This document
repeats an instruction that had been in
that final rule.
IV. Applicability Dates To Conform to
Statutory Requirements
The changes in the DEA rates for
fiscal years 2005, 2006, 2007, and 2008,
are applied retroactively for training
pursued on or after October 1, 2004,
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October 1, 2005, October 1, 2006, and
October 1, 2007, respectively, to
conform to statutory requirements. The
changes in the DEA rates for fiscal year
2009 are being applied effective October
1, 2008, for training pursued on or after
that date, to conform to statutory
requirements. The change in the
formula used to calculate entitlement
charges is applied retroactively to
training pursued on or after October 1,
2005, to conform to statutory
requirements.
Administrative Procedure Act
The changes made by this final rule
merely reflect statutory requirements
and adjustments made based on
previously established formulas, or are
interpretive rules or nonsubstantive
changes. These changes are exempt from
the notice-and-comment and delayedeffective-date requirements 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 regulatory
action as a ‘‘significant regulatory
action,’’ requiring review by the Office
of Management and Budget (OMB)
unless OMB waives such review, if it is
a 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.
PO 00000
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Paperwork Reduction Act of 1995
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (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
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
The program that this rule affects has
the following Catalog of Federal
Domestic Assistance number and title:
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: December 22, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
For the reasons stated above, the
Department of Veterans Affairs amends
■
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Subpart C—Survivors’ and
Dependents’ Educational Assistance
Under 38 U.S.C. Chapter 35
(1) For training pursued before
October 1, 2005, VA will reduce chapter
35 entitlement by one month for each
month of benefits paid.
(2) For training pursued on or after
October 1, 2005, VA will reduce chapter
35 entitlement proportionately based on
the percentage rate (rounded to the
nearest percentage) determined by
dividing the amount of the training
assistance paid for the month by the
monthly educational assistance payable
for full-time enrollment in an
educational institution.
■
2. The authority citation for part 21,
subpart C, continues to read as follows:
(Authority: 38 U.S.C. 3534, 3687; sec. 102,
Pub L. 108–454, 118 Stat. 3600)
Authority: 38 U.S.C. 501(a), 512, 3500–
3566, and as noted in specific sections.
(h) Entitlement charge for
correspondence courses. The charge
against entitlement of a spouse or
surviving spouse for pursuit of a course
exclusively by correspondence will be 1
month for each of the following
amounts paid as an educational
assistance allowance:
(1) $788.00, paid after June 30, 2004,
and before October 1, 2004;
(2) $803.00, paid after September 30,
2004, and before October 1, 2005;
(3) $827.00, paid after September 30,
2005, and before October 1, 2006;
(4) $860.00, paid after September 30,
2006, and before October 1, 2007;
(5) $881.00, paid after September 30,
2007, and before October 1, 2008; and
(6) $915.00, paid after September 30
2008.
38 CFR chapter I and 38 CFR part 21
(subpart C) as follows:
Chapter I—Department of Veterans
Affairs
1. In chapter I, revise all references to
‘‘VR&C’’ to read ‘‘VR&E’’.
■
PART 21—VOCATIONAL
REHABILITATION AND EDUCATION
3. Amend § 21.3045 by:
a. In the first sentence of the
introductory text, adding ‘‘recordpurpose’’ before ‘‘charges’’ and ‘‘38
U.S.C. chapter 35’’ before ‘‘entitlement’’.
■ b. In paragraph (c) introductory text,
removing ‘‘entitlement—’’ and adding,
in its place, ‘‘entitlement of—’’.
■ c. Revising paragraphs (g) and (h).
The revisions read as follows:
■
■
§ 21.3045
Entitlement charges.
*
*
*
*
*
(g) Entitlement charge for
apprenticeship or other on-job training.
For each month that an eligible person
is paid a monthly educational assistance
allowance while undergoing
apprenticeship or other on-job training,
including months in which the eligible
person fails to complete 120 hours of
training, VA will make a record-purpose
charge against 38 U.S.C. chapter 35
entitlement, if any, as follows:
(Authority: 38 U.S.C. 3534(b), 3564, 3686(a))
*
*
*
*
*
4. Amend § 21.3046 by revising
paragraph (d)(4)(ii) to read as follows:
■
Type of course
§ 21.3046 Periods of eligibility; spouses
and surviving spouses.
*
*
*
*
*
(d) * * *
(4) * * *
(ii) The total additional amount of
instruction that—
(A) $2,206 provides during the period
July 1, 2004, through September 30,
2004;
(B) $2,248 provides during the period
October 1, 2004, through September 30,
2005;
(C) $2,316 provides during the period
October 1, 2005, through September 30,
2006;
(D) $2,408 provides during the period
October 1, 2006, through September 30,
2007;
(E) $2,467 provides during the period
October 1, 2007, through September 30,
2008; or
(F) $2,562 provides after September
30, 2008.
(Authority: 38 U.S.C. 3511(b))
*
*
*
*
*
5. Amend § 21.3131 by:
a. Revising paragraph (a).
b. Removing paragraphs (b) and (c).
c. Redesignating paragraphs (d), (e),
and (f), as new paragraphs (b), (c), and
(d), respectively.
The revision reads as follows:
■
■
■
■
§ 21.3131 Rates—educational assistance
allowance—38 U.S.C. chapter 35.
(a) Rates. Except as provided in
§ 21.3132, educational assistance
allowance under 38 U.S.C. chapter 35 is
payable at the following monthly rates—
(1) For training pursued after June 30,
2004, and before October 1, 2004:
Monthly rate
Institutional:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Less than 1⁄2 but more than 1⁄4 time 1 ...............................................
1⁄4 time or less 1 .................................................................................
Cooperative training (other than farm cooperative) (full time only) .........
Apprenticeship or on-job (full time only): 2
First six months .................................................................................
Second six months ............................................................................
Third six months ................................................................................
Fourth six months and thereafter ......................................................
Farm cooperative:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Correspondence .......................................................................................
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79647
$788.00
592.00
394.00
394.00
197.00
788.00
574.00
429.00
285.00
144.00
636.00
477.00
319.00
55 percent of the established charge for the number of lessons completed by the eligible spouse or surviving spouse and serviced by the
school—Allowance paid quarterly.3
1 If an eligible person under 38 U.S.C. chapter 35 pursuing independent study on a less than one-half-time basis completes his or her program
before the designated completion time, his or her award will be recomputed to permit payment of tuition and fees not to exceed $394.00 or
$197.00, as appropriate, per month, if the maximum allowance is not initially authorized.
2 See footnote 5 of § 21.4270(c) for measurement of full time and § 21.3132(c) for proportionate reduction in award for completion of less than
120 hours per month.
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3 Established charge means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered
by the institution and approved by the appropriate State approving agency or the actual cost to the eligible spouse or surviving spouse, whichever is less. VA considers the continuity of an enrollment broken when there are more than 6 months between the servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a),
3687(b)(2), (d))
(2) For training pursued after
September 30, 2004, and before October
1, 2005:
Type of course
Monthly rate
Institutional:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Less than 1⁄2 but more than 1⁄4 time 1 ...............................................
1⁄4 time or less 1 .................................................................................
Cooperative training (other than farm cooperative) (full time only) .........
Apprenticeship or on-job (full time only): 2
First six months .................................................................................
Second six months ............................................................................
Third six months ................................................................................
Fourth six months and thereafter ......................................................
Farm cooperative:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Correspondence .......................................................................................
$803.00
603.00
401.00
401.00
200.75
803.00
585.00
438.00
291.00
147.00
648.00
486.00
325.00
55 percent of the established charge for the number of lessons completed by the eligible spouse or surviving spouse and serviced by the
school—Allowance paid quarterly.3
1 If an eligible person under 38 U.S.C. chapter 35 pursuing independent study on a less than one-half-time basis completes his or her program
before the designated completion time, his or her award will be recomputed to permit payment of tuition and fees not to exceed $401.00 or
$200.75, as appropriate, per month, if the maximum allowance is not initially authorized.
2 See footnote 5 of § 21.4270(c) for measurement of full time and § 21.3132(c) for proportionate reduction in award for completion of less than
120 hours per month.
3 Established charge means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered
by the institution and approved by the appropriate State approving agency or the actual cost to the eligible spouse or surviving spouse, whichever is less. VA considers the continuity of an enrollment broken when there are more than 6 months between the servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a),
3687(b)(2), (d))
(3) For training pursued after
September 30, 2005, and before October
1, 2006:
Type of course
Monthly rate
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Institutional:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Less than 1⁄2 but more than 1⁄4 time 1 ...............................................
1⁄4 time or less 1 .................................................................................
Cooperative training (other than farm cooperative) (full time only) .........
Apprenticeship or on-job (full time only): 2
First six months .................................................................................
Second six months ............................................................................
Third six months ................................................................................
Fourth six months and thereafter ......................................................
Farm cooperative:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Correspondence .......................................................................................
$827.00
621.00
413.00
413.00
206.75
827.00
650.00
507.00
366.00
151.00
667.00
500.00
334.00
55 percent of the established charge for the number of lessons completed by the eligible spouse or surviving spouse and serviced by the
school—Allowance paid quarterly.3
1 If an eligible person under 38 U.S.C. chapter 35 pursuing independent study on a less than one-half-time basis completes his or her program
before the designated completion time, his or her award will be recomputed to permit payment of tuition and fees not to exceed $413.00 or
$206.75, as appropriate, per month, if the maximum allowance is not initially authorized.
2 See footnote 5 of § 21.4270(c) for measurement of full time and § 21.3132(c) for proportionate reduction in award for completion of less than
120 hours per month.
3 Established charge means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered
by the institution and approved by the appropriate State approving agency or the actual cost to the eligible spouse or surviving spouse, whichever is less. VA considers the continuity of an enrollment broken when there are more than 6 months between the servicing of the lessons.
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(Authority: 38 U.S.C. 3532(a), 3542(a),
3687(b)(2), (d))
79649
(4) For training pursued after
September 30, 2006, and before October
1, 2007:
Type of course
Monthly rate
Institutional:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Less than 1⁄2 but more than 1/4 time 1 ..............................................
1⁄4 time or less 1 .................................................................................
Cooperative training (other than farm cooperative) (full time only) .........
Apprenticeship or on-job (full time only): 2
First six months .................................................................................
Second six months ............................................................................
Third six months ................................................................................
Fourth six months and thereafter ......................................................
Farm cooperative:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Correspondence .......................................................................................
$860.00
645.00
429.00
429.00
215.00
860.00
676.00
527.00
380.00
157.00
693.00
520.00
347.00
55 percent of the established charge for the number of lessons completed by the eligible spouse or surviving spouse and serviced by the
school—Allowance paid quarterly.3
1 If an eligible person under 38 U.S.C. chapter 35 pursuing independent study on a less than one-half-time basis completes his or her program
before the designated completion time, his or her award will be recomputed to permit payment of tuition and fees not to exceed $429.00 or
$215.00, as appropriate, per month, if the maximum allowance is not initially authorized.
2 See footnote 5 of § 21.4270(c) for measurement of full time and § 21.3132(c) for proportionate reduction in award for completion of less than
120 hours per month.
3 Established charge means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered
by the institution and approved by the appropriate State approving agency or the actual cost to the eligible spouse or surviving spouse, whichever is less. VA considers the continuity of an enrollment broken when there are more than 6 months between the servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a),
3687(b)(2), (d))
(5) For training pursued after
September 30, 2007, and before January
1, 2008:
Type of course
Monthly rate
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Institutional:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Less than 1⁄2 but more than 1⁄4 time 1 ...............................................
1⁄4 time or less 1 .................................................................................
Cooperative training (other than farm cooperative) (full time only) .........
Apprenticeship or on-job (full time only): 2
First six months .................................................................................
Second six months ............................................................................
Third six months ................................................................................
Fourth six months and thereafter ......................................................
Farm cooperative:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Correspondence .......................................................................................
$881.00
661.00
439.00
439.00
220.25
881.00
692.00
540.00
389.00
160.00
710.00
533.00
355.00
55 percent of the established charge for the number of lessons completed by the eligible spouse or surviving spouse and serviced by the
school—Allowance paid quarterly.3
1 If an eligible person under 38 U.S.C. chapter 35 pursuing independent study on a less than one-half-time basis completes his or her program
before the designated completion time, his or her award will be recomputed to permit payment of tuition and fees not to exceed $439.00 or
$220.25, as appropriate, per month, if the maximum allowance is not initially authorized.
2 See footnote 5 of § 21.4270(c) for measurement of full time and § 21.3132(c) for proportionate reduction in award for completion of less than
120 hours per month.
3 Established charge means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered
by the institution and approved by the appropriate State approving agency or the actual cost to the eligible spouse or surviving spouse, whichever is less. VA considers the continuity of an enrollment broken when there are more than 6 months between the servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a),
3687(b)(2), (d))
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(6) For training pursued after
December 31, 2007, and before October
1, 2008:
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Type of course
Monthly rate
Institutional:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Less than 1⁄2 but more than 1⁄4 time 1 ...............................................
1⁄4 time or less 1 .................................................................................
Cooperative training (other than farm cooperative) (full time only) .........
Apprenticeship or on-job (full time only): 2
First six months .................................................................................
Second six months ............................................................................
Third six months ................................................................................
Fourth six months and thereafter ......................................................
Farm cooperative:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Correspondence .......................................................................................
$881.00
661.00
439.00
439.00
220.25
881.00
641.00
480.00
317.00
160.00
710.00
533.00
355.00
55 percent of the established charge for the number of lessons completed by the eligible spouse or surviving spouse and serviced by the
school—Allowance paid quarterly.3
1 If an eligible person under 38 U.S.C. chapter 35 pursuing independent study on a less than one-half-time basis completes his or her program
before the designated completion time, his or her award will be recomputed to permit payment of tuition and fees not to exceed $439.00 or
$220.25, as appropriate, per month, if the maximum allowance is not initially authorized.
2 See footnote 5 of § 21.4270(c) for measurement of full time and § 21.3132(c) for proportionate reduction in award for completion of less than
120 hours per month.
3 Established charge means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered
by the institution and approved by the appropriate State approving agency or the actual cost to the eligible spouse or surviving spouse, whichever is less. VA considers the continuity of an enrollment broken when there are more than 6 months between the servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a),
3687(b)(2), (d))
(7) For training pursued after
September 30, 2008:
Type of course
Monthly rate
Institutional:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Less than 1⁄2 but more than 1⁄4 time 1 ...............................................
1⁄4 time or less 1 .................................................................................
Cooperative training (other than farm cooperative) (full time only) .........
Apprenticeship or on-job (full time only): 2
First six months .................................................................................
Second six months ............................................................................
Third six months ................................................................................
Fourth six months and thereafter ......................................................
Farm cooperative:
Full time .............................................................................................
3⁄4 time ...............................................................................................
1⁄2 time ...............................................................................................
Correspondence .......................................................................................
$915.00
686.00
456.00
456.00
227.75
915.00
666.00
499.00
329.00
166.00
737.00
553.00
368.00
55 percent of the established charge for the number of lessons completed by the eligible spouse or surviving spouse and serviced by the
school—Allowance paid quarterly.3
1 If an eligible person under 38 U.S.C. chapter 35 pursuing independent study on a less than one-half-time basis completes his or her program
before the designated completion time, his or her award will be recomputed to permit payment of tuition and fees not to exceed $456.00 or
$227.75, as appropriate, per month, if the maximum allowance is not initially authorized.
2 See footnote 5 of § 21.4270(c) for measurement of full time and § 21.3132(c) for proportionate reduction in award for completion of less than
120 hours per month.
3 Established charge means the charge for the course or courses determined on the basis of the lowest extended time payment plan offered
by the institution and approved by the appropriate State approving agency or the actual cost to the eligible spouse or surviving spouse, whichever is less. VA considers the continuity of an enrollment broken when there are more than 6 months between the servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a),
3687(b)(2), (d))
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*
*
*
*
*
6. Amend § 21.3300 by revising
paragraph (d) to read as follows:
■
§ 21.3300
Special restorative training.
*
*
*
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*
*
22:13 Dec 29, 2008
Jkt 217001
(d) Duration of special restorative
training. VA may provide special
restorative training in excess of 45
months where an additional period of
time is needed to complete the training.
Entitlement, including any authorized
in excess of 45 months, may be
expended through an accelerated
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program requiring a rate of payment for
tuition and fees in excess of—
(1) $247.00 a month for the period
beginning July 1, 2004, and ending
September 30, 2004;
(2) $251.00 a month for the period
beginning October 1, 2004, and ending
September 30, 2005;
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(3) $258.00 a month for the period
beginning October 1, 2005, and ending
September 30, 2006;
(4) $268.00 a month for the period
beginning October 1, 2006, and ending
September 30, 2007;
(5) $274.00 a month for the period
beginning October 1, 2007, and ending
September 30, 2008; and
(6) $284.00 a month for months after
September 30, 2008.
The revisions and addition read as
follows:
(Authority: 38 U.S.C. 3541(b), 3542)
§ 21.3333
*
(a) * * *
(1) For special restorative training
pursued after June 30, 2004, and before
October 1, 2004:
*
*
*
*
■ 7. Amend § 21.3333 by:
■ a. Revising paragraphs (a)(1), (a)(2),
and (a)(3), and adding paragraph (a)(4).
■ b. Revising paragraph (b)(1).
Course
Monthly rate
Special restorative training .........................................................
(Authority: 38 U.S.C. 3542)
$788.00
Accelerated charges
If costs for tuition and fees average in excess of $247.00 per
month, rate may be increased by such amount in excess of
$247.00.
Monthly rate
Special restorative training .........................................................
(Authority: 38 U.S.C. 3542)
$803.00
Accelerated charges
If costs for tuition and fees average in excess of $251.00 per
month, rate may be increased by such amount in excess of
$251.00.
(3) For special restorative training
pursued after September 30, 2005, and
before October 1, 2006:
Course
Monthly rate
Special restorative training .........................................................
(Authority: 38 U.S.C. 3542)
$827.00
Accelerated charges
If costs for tuition and fees average in excess of $258.00 per
month, rate may be increased by such amount in excess of
$258.00.
(4) For special restorative training
pursued after September 30, 2006, and
before October 1, 2007:
Course
Monthly rate
Special restorative training .........................................................
(Authority: 38 U.S.C. 3542)
$860.00
Accelerated charges
If costs for tuition and fees average in excess of $268.00 per
month, rate may be increased by such amount in excess of
$268.00.
(5) For special restorative training
pursued after September 30, 2007, and
before October 1, 2008:
Course
Monthly rate
Special restorative training .........................................................
(Authority: 38 U.S.C. 3542)
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Rates.
(2) For special restorative training
pursued after September 30, 2004, and
before October 1, 2005:
Course
$881.00
Accelerated charges
If costs for tuition and fees average in excess of $274.00 per
month, rate may be increased by such amount in excess of
$274.00.
(6) For special restorative training
pursued after September 30, 2008:
Course
Monthly rate
Special restorative training .........................................................
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Frm 00061
$915.00
Fmt 4700
Sfmt 4700
Accelerated charges
If costs for tuition and fees average in excess of $284.00 per
month, rate may be increased by such amount in excess of
$284.00.
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
(Authority: 38 U.S.C. 3542)
(b) Accelerated charges. (1) VA may
pay the additional monthly rate if the
eligible person, or his or her parent or
guardian (see § 21.3021(d)) if the eligible
person has a guardian or has not
attained majority under laws applicable
in his or her State of residence, concurs
in having his or her period of
entitlement reduced by 1 day for each—
(i) $26.27 that the special training
allowance exceeds the basic monthly
rate of $803.00 for the period July 1,
2004, through September 30, 2004;
(ii) $26.77 that the special training
allowance exceeds the basic monthly
rate of $803.00 for the period October 1,
2004, through September 30, 2005;
(iii) $27.57 that the special training
allowance exceeds the basic monthly
rate of $827.00 for the period October 1,
2005, through September 30, 2006;
(iv) $28.67 that the special training
allowance exceeds the basic monthly
rate of $860.00 for the period October 1,
2006, through September 30, 2007;
(v) $29.37 that the special restorative
training allowance exceeds the basic
monthly rate of $881.00 for the period
October 1, 2007, through September 30,
2008; and
(vi) $30.50 that the special restorative
training allowance exceeds the basic
monthly rate of $915.00 for months after
September 30, 2008.
*
*
*
*
*
[FR Doc. E8–31033 Filed 12–29–08; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1044, EPA–R05–
OAR–2007–1133; FRL–8757–8]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois
and Indiana; Finding of Attainment for
1-Hour Ozone for the Chicago-GaryLake County, IL-IN Area
Environmental Management (IDEM) that
EPA find that the Indiana portion of the
Chicago-Gary-Lake County, IL-IN
nonattainment area, has attained the
revoked 1-hour ozone NAAQS. EPA
proposed to approve both requests on
July 7, 2008. We received three
comments on our proposed rulemaking,
which are addressed below.
DATES: This final rule is effective on
January 29, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Nos. EPA–R05–OAR–2007–1004 and
EPA–R05–OAR–2077–1133. 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,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
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 Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Gilberto
Alvarez, Environmental Scientist, at
(312) 886–6143 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Gilberto Alvarez, Environmental
Scientist, Criteria Pollutant Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6143,
alvarez.gilberto@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. What Did EPA Propose?
SUMMARY: EPA is approving a January
30, 2007, request from the Illinois
Environmental Protection Agency
(IEPA) that EPA find that the Illinois
portion of the Chicago-Gary-Lake
County, Illinois-Indiana (IL-IN)
nonattainment area, has attained the
revoked 1-hour ozone National Ambient
Air Quality Standard (NAAQS). EPA is
also approving an October 25, 2007,
request from the Indiana Department of
III. What Action Is EPA Taking?
VerDate Aug<31>2005
22:13 Dec 29, 2008
Jkt 217001
II. What Comments Did We Receive on the
Proposed Action?
IV. Statutory and Executive Order Reviews
I. What Did EPA Propose?
On January 30, 2007, IEPA requested
that EPA find that the Illinois portion of
the Chicago-Gary-Lake County, IL-IN
nonattainment area, had attained the
revoked 1-hour ozone NAAQS. On
October 25, 2007, IDEM requested that
EPA find that the Indiana portion of
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
Chicago-Gary-Lake County, IL-IN
nonattainment area, had attained the
revoked 1-hour ozone NAAQS. On July
7, 2008, EPA proposed to approve the
requests (73 FR 38353).
II. What Comments Did We Receive on
the Proposed Action?
EPA received three comment letters in
response to the proposed rulemaking.
Comment: The Indiana Steel
Environmental Group submitted
comments in support of our proposed
action. It also stated its understanding
that this action means that Lake and
Porter Counties will not be subject to
the requirement to implement
contingency measures for failure to
attain the ambient standard.
Response: EPA agrees with the
commenter. A finding of attainment
eliminates the requirement for a
maintenance plan and contingency
measures under Sections 107(d)(3) and
175A(d) of the Clean Air Act. Such
measures would be required, however,
in order for the area to be redesignated
to attainment.
Comment: While IDEM was generally
supportive of the proposal, it expressed
disappointment that EPA did not
address certain New Source Review
issues in our action.
Response: EPA intends to address
these issues in a separate Agency
rulemaking which is currently under
development.
Comment: Dominion Resources
Services, Inc. requested that EPA
reiterate that these attainment areas are
not subject to fees under Section 185 of
the Act, and would not be subject to
such fees even if the areas were to lapse
into nonattainment.
Response: EPA confirms that this
action relieves Illinois and Indiana from
having to develop a Section 185 rule for
the subject areas, although the States are
free to do so if they choose.
III. What Action Is EPA Taking?
EPA is approving a January 30, 2007,
request from IEPA that EPA find that the
Illinois portion of the Chicago-GaryLake County, IL-IN nonattainment area,
attained the revoked 1-hour ozone
NAAQS. EPA is also approving an
October 25, 2007, request from IDEM
that EPA find that Indiana portion of the
Chicago-Gary-Lake County, IL-IN
nonattainment area, attained the
revoked 1-hour ozone NAAQS.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
E:\FR\FM\30DER1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79645-79652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31033]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AM67
Increase in Rates Payable Under the Survivors' and Dependents'
Educational Assistance Program and Other Miscellaneous Issues
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends Department of Veterans Affairs (VA)
regulations to reflect increases effective for fiscal years 2005, 2006,
2007, 2008, and 2009, respectively, in the monthly rates payable under
the Survivors' and Dependents' Educational Assistance (DEA) program in
accordance with statutory requirements and previously established
formulas; a change in the formula used to calculate entitlement charges
for individuals pursuing apprenticeship or other on-job training in
accordance with the Veterans Benefits Improvement Act of 2004; and
nonsubstantive changes for the purpose of clarity and to reflect agency
organization.
DATES: Effective Date: This final rule is effective December 30, 2008.
Applicability Dates: For information concerning the dates of
applicability for certain provisions, see the Supplementary Information
section of this document.
FOR FURTHER INFORMATION CONTACT: Brandye R. Terrell, Regulation
Development Team Leader (225C), Education Service, Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Ave., NW.,
Washington, DC 20420, (202) 461-9822.
SUPPLEMENTARY INFORMATION:
I. Increase in Monthly Rates Payable Under the Survivors' and
Dependents' Educational Assistance Program
Under the formula mandated by 38 U.S.C. 3564, the monthly rates of
basic educational assistance payable under the Survivors' and
Dependents' Educational Assistance (DEA) program 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 (FY)
during which the increase is applicable exceeds the Consumer Price
Index-W for the 12-month period ending on June 30 preceding the
previous FY. Using this formula, VA calculated a 2 percent increase for
FY 2005, a 3 percent increase for FY 2006, a 4 percent increase for FY
2007, a 2.5 percent increase for FY 2008, and a 3.9 percent increase
for FY 2009.
Public Law 91-219 authorized monthly educational assistance
payments for eligible persons pursuing training at less than half time.
Since the effective date of that public law, February 1, 1970, students
pursuing a program of education at less than one-half time but more
than one-quarter time have had their payments limited to the prorated
amount of tuition and fees not to exceed the half-time rate. Similarly,
students pursuing a program of education at one-quarter time or less
have had their payments limited to the prorated amount of tuition and
fees not to exceed 25 percent of the full-time institutional rate. The
monthly rates of basic educational assistance for students pursuing a
program of education at less than half time are increased in accordance
with the provisions of this paragraph, and this document makes changes
in the regulations accordingly.
The entitlement charge for correspondence courses is based on the
monthly rates of basic educational assistance. Hence, the amount used
to determine entitlement charge for correspondence courses is increased
by 2 percent for FY 2005, 3 percent for FY 2006, 4 percent for FY 2007,
2.5 percent for FY 2008, and 3.9 percent for FY 2009, consistent with
the adjustments in the monthly rates of basic educational assistance
discussed above.
The increases in the DEA rates are applied in accordance with the
applicable statutory provisions discussed above. Thus, VA began paying
the increases for FY 2005, 2006, 2007, and 2008 effective for training
pursued on or after October 1, 2004, October 1, 2005, October 1, 2006,
and
[[Page 79646]]
October 1, 2007, respectively. VA will pay the FY 2009 increase
effective for training pursued on or after October 1, 2008.
II. Modification of the Formula Used To Calculate Entitlement Charge
for Eligible Persons Pursuing Apprenticeship or Other On-Job Training
The Veterans Benefits Improvement Act of 2004 (Pub. L. 108-454)
modified the formula used to calculate entitlement charges for certain
apprenticeship and other on-job trainees. Prior to October 1, 2005,
eligible persons with 38 U.S.C. chapter 35 entitlement were charged a
month of entitlement for each month they received educational
assistance. The entitlement charge was based on the length of training
rather than the amount received for training. Public Law 108-454
mandates that 38 U.S.C. chapter 35 entitlement charged for training
pursued on or after October 1, 2005, be reduced proportionately by the
percentage rate (rounded to the nearest percentage) determined by
dividing the amount of the training assistance paid for the month by
the monthly educational assistance payable for full-time enrollment in
an educational institution. This document amends VA regulations
concerning 38 U.S.C. chapter 35 entitlement accordingly, and makes
nonsubstantive changes in those entitlement provisions intended to
clarify that entitlement charges are charges for record purposes and
not monetary charges.
III. Other Nonsubstantive Changes
This document also makes other nonsubstantive changes in the DEA
regulations for the purpose of clarity. These include clarifying
changes to specify the ending dates for certain 2004 provisions in
Sec. Sec. 21.3045, 21.3046, 21.3131, 21.3300, and 21.3333.
In addition, we are making a nonsubstantive change to reflect
current agency organization. Due to a publishing error, instructions
that VA published in the Federal Register in a final rule entitled
``Veterans Benefits Administration Nomenclature Changes'' (66 FR 44052-
44053, Aug. 22, 2001) were not fully implemented in the Code of Federal
Regulations. This document repeats an instruction that had been in that
final rule.
IV. Applicability Dates To Conform to Statutory Requirements
The changes in the DEA rates for fiscal years 2005, 2006, 2007, and
2008, are applied retroactively for training pursued on or after
October 1, 2004, October 1, 2005, October 1, 2006, and October 1, 2007,
respectively, to conform to statutory requirements. The changes in the
DEA rates for fiscal year 2009 are being applied effective October 1,
2008, for training pursued on or after that date, to conform to
statutory requirements. The change in the formula used to calculate
entitlement charges is applied retroactively to training pursued on or
after October 1, 2005, to conform to statutory requirements.
Administrative Procedure Act
The changes made by this final rule merely reflect statutory
requirements and adjustments made based on previously established
formulas, or are interpretive rules or nonsubstantive changes. These
changes are exempt from the notice-and-comment and delayed-effective-
date requirements 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 regulatory action as a ``significant regulatory
action,'' requiring review by the Office of Management and Budget (OMB)
unless OMB waives such review, if it is a 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.
Paperwork Reduction Act of 1995
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (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 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
The program that this rule affects has the following Catalog of
Federal Domestic Assistance number and title: 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: December 22, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
0
For the reasons stated above, the Department of Veterans Affairs amends
[[Page 79647]]
38 CFR chapter I and 38 CFR part 21 (subpart C) as follows:
Chapter I--Department of Veterans Affairs
0
1. In chapter I, revise all references to ``VR&C'' to read ``VR&E''.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart C--Survivors' and Dependents' Educational Assistance Under
38 U.S.C. Chapter 35
0
2. The authority citation for part 21, subpart C, continues to read as
follows:
Authority: 38 U.S.C. 501(a), 512, 3500-3566, and as noted in
specific sections.
0
3. Amend Sec. 21.3045 by:
0
a. In the first sentence of the introductory text, adding ``record-
purpose'' before ``charges'' and ``38 U.S.C. chapter 35'' before
``entitlement''.
0
b. In paragraph (c) introductory text, removing ``entitlement--'' and
adding, in its place, ``entitlement of--''.
0
c. Revising paragraphs (g) and (h).
The revisions read as follows:
Sec. 21.3045 Entitlement charges.
* * * * *
(g) Entitlement charge for apprenticeship or other on-job training.
For each month that an eligible person is paid a monthly educational
assistance allowance while undergoing apprenticeship or other on-job
training, including months in which the eligible person fails to
complete 120 hours of training, VA will make a record-purpose charge
against 38 U.S.C. chapter 35 entitlement, if any, as follows:
(1) For training pursued before October 1, 2005, VA will reduce
chapter 35 entitlement by one month for each month of benefits paid.
(2) For training pursued on or after October 1, 2005, VA will
reduce chapter 35 entitlement proportionately based on the percentage
rate (rounded to the nearest percentage) determined by dividing the
amount of the training assistance paid for the month by the monthly
educational assistance payable for full-time enrollment in an
educational institution.
(Authority: 38 U.S.C. 3534, 3687; sec. 102, Pub L. 108-454, 118
Stat. 3600)
(h) Entitlement charge for correspondence courses. The charge
against entitlement of a spouse or surviving spouse for pursuit of a
course exclusively by correspondence will be 1 month for each of the
following amounts paid as an educational assistance allowance:
(1) $788.00, paid after June 30, 2004, and before October 1, 2004;
(2) $803.00, paid after September 30, 2004, and before October 1,
2005;
(3) $827.00, paid after September 30, 2005, and before October 1,
2006;
(4) $860.00, paid after September 30, 2006, and before October 1,
2007;
(5) $881.00, paid after September 30, 2007, and before October 1,
2008; and
(6) $915.00, paid after September 30 2008.
(Authority: 38 U.S.C. 3534(b), 3564, 3686(a))
* * * * *
0
4. Amend Sec. 21.3046 by revising paragraph (d)(4)(ii) to read as
follows:
Sec. 21.3046 Periods of eligibility; spouses and surviving spouses.
* * * * *
(d) * * *
(4) * * *
(ii) The total additional amount of instruction that--
(A) $2,206 provides during the period July 1, 2004, through
September 30, 2004;
(B) $2,248 provides during the period October 1, 2004, through
September 30, 2005;
(C) $2,316 provides during the period October 1, 2005, through
September 30, 2006;
(D) $2,408 provides during the period October 1, 2006, through
September 30, 2007;
(E) $2,467 provides during the period October 1, 2007, through
September 30, 2008; or
(F) $2,562 provides after September 30, 2008.
(Authority: 38 U.S.C. 3511(b))
* * * * *
0
5. Amend Sec. 21.3131 by:
0
a. Revising paragraph (a).
0
b. Removing paragraphs (b) and (c).
0
c. Redesignating paragraphs (d), (e), and (f), as new paragraphs (b),
(c), and (d), respectively.
The revision reads as follows:
Sec. 21.3131 Rates--educational assistance allowance--38 U.S.C.
chapter 35.
(a) Rates. Except as provided in Sec. 21.3132, educational
assistance allowance under 38 U.S.C. chapter 35 is payable at the
following monthly rates--
(1) For training pursued after June 30, 2004, and before October 1,
2004:
------------------------------------------------------------------------
Type of course Monthly rate
------------------------------------------------------------------------
Institutional:
Full time.......................... $788.00
\3/4\ time......................... 592.00
\1/2\ time......................... 394.00
Less than \1/2\ but more than \1/4\ 394.00
time \1\.
\1/4\ time or less \1\............. 197.00
Cooperative training (other than farm 788.00
cooperative) (full time only).
Apprenticeship or on-job (full time
only): \2\
First six months................... 574.00
Second six months.................. 429.00
Third six months................... 285.00
Fourth six months and thereafter... 144.00
Farm cooperative:
Full time.......................... 636.00
\3/4\ time......................... 477.00
\1/2\ time......................... 319.00
Correspondence......................... 55 percent of the established
charge for the number of
lessons completed by the
eligible spouse or surviving
spouse and serviced by the
school--Allowance paid
quarterly.\3\
------------------------------------------------------------------------
\1\ If an eligible person under 38 U.S.C. chapter 35 pursuing
independent study on a less than one-half-time basis completes his or
her program before the designated completion time, his or her award
will be recomputed to permit payment of tuition and fees not to exceed
$394.00 or $197.00, as appropriate, per month, if the maximum
allowance is not initially authorized.
\2\ See footnote 5 of Sec. 21.4270(c) for measurement of full time and
Sec. 21.3132(c) for proportionate reduction in award for completion
of less than 120 hours per month.
[[Page 79648]]
\3\ Established charge means the charge for the course or courses
determined on the basis of the lowest extended time payment plan
offered by the institution and approved by the appropriate State
approving agency or the actual cost to the eligible spouse or
surviving spouse, whichever is less. VA considers the continuity of an
enrollment broken when there are more than 6 months between the
servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a), 3687(b)(2), (d))
(2) For training pursued after September 30, 2004, and before
October 1, 2005:
------------------------------------------------------------------------
Type of course Monthly rate
------------------------------------------------------------------------
Institutional:
Full time.......................... $803.00
\3/4\ time......................... 603.00
\1/2\ time......................... 401.00
Less than \1/2\ but more than \1/4\ 401.00
time \1\.
\1/4\ time or less \1\............. 200.75
Cooperative training (other than farm 803.00
cooperative) (full time only).
Apprenticeship or on-job (full time
only): \2\
First six months................... 585.00
Second six months.................. 438.00
Third six months................... 291.00
Fourth six months and thereafter... 147.00
Farm cooperative:
Full time.......................... 648.00
\3/4\ time......................... 486.00
\1/2\ time......................... 325.00
Correspondence......................... 55 percent of the established
charge for the number of
lessons completed by the
eligible spouse or surviving
spouse and serviced by the
school--Allowance paid
quarterly.\3\
------------------------------------------------------------------------
\1\ If an eligible person under 38 U.S.C. chapter 35 pursuing
independent study on a less than one-half-time basis completes his or
her program before the designated completion time, his or her award
will be recomputed to permit payment of tuition and fees not to exceed
$401.00 or $200.75, as appropriate, per month, if the maximum
allowance is not initially authorized.
\2\ See footnote 5 of Sec. 21.4270(c) for measurement of full time and
Sec. 21.3132(c) for proportionate reduction in award for completion
of less than 120 hours per month.
\3\ Established charge means the charge for the course or courses
determined on the basis of the lowest extended time payment plan
offered by the institution and approved by the appropriate State
approving agency or the actual cost to the eligible spouse or
surviving spouse, whichever is less. VA considers the continuity of an
enrollment broken when there are more than 6 months between the
servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a), 3687(b)(2), (d))
(3) For training pursued after September 30, 2005, and before
October 1, 2006:
------------------------------------------------------------------------
Type of course Monthly rate
------------------------------------------------------------------------
Institutional:
Full time.......................... $827.00
\3/4\ time......................... 621.00
\1/2\ time......................... 413.00
Less than \1/2\ but more than \1/4\ 413.00
time \1\.
\1/4\ time or less \1\............. 206.75
Cooperative training (other than farm 827.00
cooperative) (full time only).
Apprenticeship or on-job (full time
only): \2\
First six months................... 650.00
Second six months.................. 507.00
Third six months................... 366.00
Fourth six months and thereafter... 151.00
Farm cooperative:
Full time.......................... 667.00
\3/4\ time......................... 500.00
\1/2\ time......................... 334.00
Correspondence......................... 55 percent of the established
charge for the number of
lessons completed by the
eligible spouse or surviving
spouse and serviced by the
school--Allowance paid
quarterly.\3\
------------------------------------------------------------------------
\1\ If an eligible person under 38 U.S.C. chapter 35 pursuing
independent study on a less than one-half-time basis completes his or
her program before the designated completion time, his or her award
will be recomputed to permit payment of tuition and fees not to exceed
$413.00 or $206.75, as appropriate, per month, if the maximum
allowance is not initially authorized.
\2\ See footnote 5 of Sec. 21.4270(c) for measurement of full time and
Sec. 21.3132(c) for proportionate reduction in award for completion
of less than 120 hours per month.
\3\ Established charge means the charge for the course or courses
determined on the basis of the lowest extended time payment plan
offered by the institution and approved by the appropriate State
approving agency or the actual cost to the eligible spouse or
surviving spouse, whichever is less. VA considers the continuity of an
enrollment broken when there are more than 6 months between the
servicing of the lessons.
[[Page 79649]]
(Authority: 38 U.S.C. 3532(a), 3542(a), 3687(b)(2), (d))
(4) For training pursued after September 30, 2006, and before
October 1, 2007:
------------------------------------------------------------------------
Type of course Monthly rate
------------------------------------------------------------------------
Institutional:
Full time.......................... $860.00
\3/4\ time......................... 645.00
\1/2\ time......................... 429.00
Less than \1/2\ but more than 1/4 429.00
time \1\.
\1/4\ time or less \1\............. 215.00
Cooperative training (other than farm 860.00
cooperative) (full time only).
Apprenticeship or on-job (full time
only): \2\
First six months................... 676.00
Second six months.................. 527.00
Third six months................... 380.00
Fourth six months and thereafter... 157.00
Farm cooperative:
Full time.......................... 693.00
\3/4\ time......................... 520.00
\1/2\ time......................... 347.00
Correspondence......................... 55 percent of the established
charge for the number of
lessons completed by the
eligible spouse or surviving
spouse and serviced by the
school--Allowance paid
quarterly.\3\
------------------------------------------------------------------------
\1\ If an eligible person under 38 U.S.C. chapter 35 pursuing
independent study on a less than one-half-time basis completes his or
her program before the designated completion time, his or her award
will be recomputed to permit payment of tuition and fees not to exceed
$429.00 or $215.00, as appropriate, per month, if the maximum
allowance is not initially authorized.
\2\ See footnote 5 of Sec. 21.4270(c) for measurement of full time and
Sec. 21.3132(c) for proportionate reduction in award for completion
of less than 120 hours per month.
\3\ Established charge means the charge for the course or courses
determined on the basis of the lowest extended time payment plan
offered by the institution and approved by the appropriate State
approving agency or the actual cost to the eligible spouse or
surviving spouse, whichever is less. VA considers the continuity of an
enrollment broken when there are more than 6 months between the
servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a), 3687(b)(2), (d))
(5) For training pursued after September 30, 2007, and before
January 1, 2008:
------------------------------------------------------------------------
Type of course Monthly rate
------------------------------------------------------------------------
Institutional:
Full time.......................... $881.00
\3/4\ time......................... 661.00
\1/2\ time......................... 439.00
Less than \1/2\ but more than \1/4\ 439.00
time \1\.
\1/4\ time or less \1\............. 220.25
Cooperative training (other than farm 881.00
cooperative) (full time only).
Apprenticeship or on-job (full time
only): \2\
First six months................... 692.00
Second six months.................. 540.00
Third six months................... 389.00
Fourth six months and thereafter... 160.00
Farm cooperative:
Full time.......................... 710.00
\3/4\ time......................... 533.00
\1/2\ time......................... 355.00
Correspondence......................... 55 percent of the established
charge for the number of
lessons completed by the
eligible spouse or surviving
spouse and serviced by the
school--Allowance paid
quarterly.\3\
------------------------------------------------------------------------
\1\ If an eligible person under 38 U.S.C. chapter 35 pursuing
independent study on a less than one-half-time basis completes his or
her program before the designated completion time, his or her award
will be recomputed to permit payment of tuition and fees not to exceed
$439.00 or $220.25, as appropriate, per month, if the maximum
allowance is not initially authorized.
\2\ See footnote 5 of Sec. 21.4270(c) for measurement of full time and
Sec. 21.3132(c) for proportionate reduction in award for completion
of less than 120 hours per month.
\3\ Established charge means the charge for the course or courses
determined on the basis of the lowest extended time payment plan
offered by the institution and approved by the appropriate State
approving agency or the actual cost to the eligible spouse or
surviving spouse, whichever is less. VA considers the continuity of an
enrollment broken when there are more than 6 months between the
servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a), 3687(b)(2), (d))
(6) For training pursued after December 31, 2007, and before
October 1, 2008:
[[Page 79650]]
------------------------------------------------------------------------
Type of course Monthly rate
------------------------------------------------------------------------
Institutional:
Full time.......................... $881.00
\3/4\ time......................... 661.00
\1/2\ time......................... 439.00
Less than \1/2\ but more than \1/4\ 439.00
time \1\.
\1/4\ time or less \1\............. 220.25
Cooperative training (other than farm 881.00
cooperative) (full time only).
Apprenticeship or on-job (full time ...............................
only): \2\
First six months................... 641.00
Second six months.................. 480.00
Third six months................... 317.00
Fourth six months and thereafter... 160.00
Farm cooperative:
Full time.......................... 710.00
\3/4\ time......................... 533.00
\1/2\ time......................... 355.00
Correspondence......................... 55 percent of the established
charge for the number of
lessons completed by the
eligible spouse or surviving
spouse and serviced by the
school--Allowance paid
quarterly.\3\
------------------------------------------------------------------------
\1\ If an eligible person under 38 U.S.C. chapter 35 pursuing
independent study on a less than one-half-time basis completes his or
her program before the designated completion time, his or her award
will be recomputed to permit payment of tuition and fees not to exceed
$439.00 or $220.25, as appropriate, per month, if the maximum
allowance is not initially authorized.
\2\ See footnote 5 of Sec. 21.4270(c) for measurement of full time and
Sec. 21.3132(c) for proportionate reduction in award for completion
of less than 120 hours per month.
\3\ Established charge means the charge for the course or courses
determined on the basis of the lowest extended time payment plan
offered by the institution and approved by the appropriate State
approving agency or the actual cost to the eligible spouse or
surviving spouse, whichever is less. VA considers the continuity of an
enrollment broken when there are more than 6 months between the
servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a), 3687(b)(2), (d))
(7) For training pursued after September 30, 2008:
------------------------------------------------------------------------
Type of course Monthly rate
------------------------------------------------------------------------
Institutional:
Full time.......................... $915.00
\3/4\ time......................... 686.00
\1/2\ time......................... 456.00
Less than \1/2\ but more than \1/4\ 456.00
time \1\.
\1/4\ time or less \1\............. 227.75
Cooperative training (other than farm 915.00
cooperative) (full time only).
Apprenticeship or on-job (full time
only): \2\
First six months................... 666.00
Second six months.................. 499.00
Third six months................... 329.00
Fourth six months and thereafter... 166.00
Farm cooperative:
Full time.......................... 737.00
\3/4\ time......................... 553.00
\1/2\ time......................... 368.00
Correspondence......................... 55 percent of the established
charge for the number of
lessons completed by the
eligible spouse or surviving
spouse and serviced by the
school--Allowance paid
quarterly.\3\
------------------------------------------------------------------------
\1\ If an eligible person under 38 U.S.C. chapter 35 pursuing
independent study on a less than one-half-time basis completes his or
her program before the designated completion time, his or her award
will be recomputed to permit payment of tuition and fees not to exceed
$456.00 or $227.75, as appropriate, per month, if the maximum
allowance is not initially authorized.
\2\ See footnote 5 of Sec. 21.4270(c) for measurement of full time and
Sec. 21.3132(c) for proportionate reduction in award for completion
of less than 120 hours per month.
\3\ Established charge means the charge for the course or courses
determined on the basis of the lowest extended time payment plan
offered by the institution and approved by the appropriate State
approving agency or the actual cost to the eligible spouse or
surviving spouse, whichever is less. VA considers the continuity of an
enrollment broken when there are more than 6 months between the
servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a), 3687(b)(2), (d))
* * * * *
0
6. Amend Sec. 21.3300 by revising paragraph (d) to read as follows:
Sec. 21.3300 Special restorative training.
* * * * *
(d) Duration of special restorative training. VA may provide
special restorative training in excess of 45 months where an additional
period of time is needed to complete the training. Entitlement,
including any authorized in excess of 45 months, may be expended
through an accelerated program requiring a rate of payment for tuition
and fees in excess of--
(1) $247.00 a month for the period beginning July 1, 2004, and
ending September 30, 2004;
(2) $251.00 a month for the period beginning October 1, 2004, and
ending September 30, 2005;
[[Page 79651]]
(3) $258.00 a month for the period beginning October 1, 2005, and
ending September 30, 2006;
(4) $268.00 a month for the period beginning October 1, 2006, and
ending September 30, 2007;
(5) $274.00 a month for the period beginning October 1, 2007, and
ending September 30, 2008; and
(6) $284.00 a month for months after September 30, 2008.
(Authority: 38 U.S.C. 3541(b), 3542)
* * * * *
0
7. Amend Sec. 21.3333 by:
0
a. Revising paragraphs (a)(1), (a)(2), and (a)(3), and adding paragraph
(a)(4).
0
b. Revising paragraph (b)(1).
The revisions and addition read as follows:
Sec. 21.3333 Rates.
(a) * * *
(1) For special restorative training pursued after June 30, 2004,
and before October 1, 2004:
------------------------------------------------------------------------
Course Monthly rate Accelerated charges
------------------------------------------------------------------------
Special restorative training... $788.00 If costs for tuition
and fees average in
excess of $247.00 per
month, rate may be
increased by such
amount in excess of
$247.00.
------------------------------------------------------------------------
(Authority: 38 U.S.C. 3542)
(2) For special restorative training pursued after September 30,
2004, and before October 1, 2005:
------------------------------------------------------------------------
Course Monthly rate Accelerated charges
------------------------------------------------------------------------
Special restorative training... $803.00 If costs for tuition
and fees average in
excess of $251.00 per
month, rate may be
increased by such
amount in excess of
$251.00.
------------------------------------------------------------------------
(Authority: 38 U.S.C. 3542)
(3) For special restorative training pursued after September 30,
2005, and before October 1, 2006:
------------------------------------------------------------------------
Course Monthly rate Accelerated charges
------------------------------------------------------------------------
Special restorative training... $827.00 If costs for tuition
and fees average in
excess of $258.00 per
month, rate may be
increased by such
amount in excess of
$258.00.
------------------------------------------------------------------------
(Authority: 38 U.S.C. 3542)
(4) For special restorative training pursued after September 30,
2006, and before October 1, 2007:
------------------------------------------------------------------------
Course Monthly rate Accelerated charges
------------------------------------------------------------------------
Special restorative training... $860.00 If costs for tuition
and fees average in
excess of $268.00 per
month, rate may be
increased by such
amount in excess of
$268.00.
------------------------------------------------------------------------
(Authority: 38 U.S.C. 3542)
(5) For special restorative training pursued after September 30,
2007, and before October 1, 2008:
------------------------------------------------------------------------
Course Monthly rate Accelerated charges
------------------------------------------------------------------------
Special restorative training... $881.00 If costs for tuition
and fees average in
excess of $274.00 per
month, rate may be
increased by such
amount in excess of
$274.00.
------------------------------------------------------------------------
(Authority: 38 U.S.C. 3542)
(6) For special restorative training pursued after September 30,
2008:
------------------------------------------------------------------------
Course Monthly rate Accelerated charges
------------------------------------------------------------------------
Special restorative training... $915.00 If costs for tuition
and fees average in
excess of $284.00 per
month, rate may be
increased by such
amount in excess of
$284.00.
------------------------------------------------------------------------
[[Page 79652]]
(Authority: 38 U.S.C. 3542)
(b) Accelerated charges. (1) VA may pay the additional monthly rate
if the eligible person, or his or her parent or guardian (see Sec.
21.3021(d)) if the eligible person has a guardian or has not attained
majority under laws applicable in his or her State of residence,
concurs in having his or her period of entitlement reduced by 1 day for
each--
(i) $26.27 that the special training allowance exceeds the basic
monthly rate of $803.00 for the period July 1, 2004, through September
30, 2004;
(ii) $26.77 that the special training allowance exceeds the basic
monthly rate of $803.00 for the period October 1, 2004, through
September 30, 2005;
(iii) $27.57 that the special training allowance exceeds the basic
monthly rate of $827.00 for the period October 1, 2005, through
September 30, 2006;
(iv) $28.67 that the special training allowance exceeds the basic
monthly rate of $860.00 for the period October 1, 2006, through
September 30, 2007;
(v) $29.37 that the special restorative training allowance exceeds
the basic monthly rate of $881.00 for the period October 1, 2007,
through September 30, 2008; and
(vi) $30.50 that the special restorative training allowance exceeds
the basic monthly rate of $915.00 for months after September 30, 2008.
* * * * *
[FR Doc. E8-31033 Filed 12-29-08; 8:45 am]
BILLING CODE 8320-01-P
