Vocational Rehabilitation and Employment Program-Periods of Eligibility, 9975-9978 [E9-4935]
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9975
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules
Friday, except Federal holidays. The
Docket Office (telephone 1–800–647–
5527), is on the ground floor of the
building at the above address.
FOR FURTHER INFORMATION CONTACT:
Scott Enander, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort
Worth, TX 76193–0530; telephone: (817)
321–7716.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2009–0115/Airspace
Docket No. 09–AGL–3.’’ The postcard
will be date/time stamped and returned
to the commenter.
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Availability of NPRMs
An electronic copy of this document
may be downloaded through the
Internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s Web page at https://
www.faa.gov/airports_airtraffic/
air_traffic/publications/
airspace_amendments/.
Additionally, any person may obtain
a copy of this notice by submitting a
request to the Federal Aviation
Administration (FAA), Office of Air
Traffic Airspace Management, ATA–
400, 800 Independence Avenue, SW.,
Washington, DC 20591, or by calling
(202) 267–8783. Communications must
identify both docket numbers for this
notice. Persons interested in being
placed on a mailing list for future
NPRMs should contact the FAA’s Office
of Rulemaking (202) 267–9677, to
request a copy of Advisory Circular No.
11–2A, Notice of Proposed Rulemaking
Distribution System, which describes
the application procedure.
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The Proposal
This action proposes to amend Title
14, Code of Federal Regulations (14
CFR), Part 71 by adding additional Class
E airspace for SIAPs operations at
Mount Sterling Municipal Airport,
Mount Sterling, IL. The area would be
depicted on appropriate aeronautical
charts.
Class E airspace areas are published
in Paragraph 6005 of FAA Order
7400.9S, dated October 3, 2008, and
effective October 31, 2008, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document would be
published subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act. The FAA’s authority to
issue rules regarding aviation safety is
found in Title 49 of the U.S. Code.
Subtitle 1, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would add
additional controlled airspace at Mount
Sterling Municipal Airport, Mount
Sterling, IL.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR Part 71 as
follows:
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PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
1. The authority citation for Part 71
continues to read as follows:
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace
Designations and Reporting Points,
dated October 3, 2008, and effective
October 31, 2008, is amended as
follows:
Paragraph 6005 Class E Airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
AGL IL E5 Mount Sterling, IL [Amended]
Mount Sterling Municipal Airport, IL
(Lat. 39°59′07″ N., long. 90°48′15″ W.)
That airspace extending upward from 700
feet above the surface within a 6.6-mile
radius of Mount Sterling Municipal Airport.
*
*
*
*
*
Issued in Fort Worth, TX, on February 23,
2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. E9–4937 Filed 3–9–09; 8:45 am]
BILLING CODE 4901–13–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AM84
Vocational Rehabilitation and
Employment Program—Periods of
Eligibility
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: This document proposes to
amend regulations of the Department of
Veterans Affairs (VA) concerning
periods of eligibility applicable to VA’s
provision of Vocational Rehabilitation
and Employment benefits and services.
The proposed amendments are intended
to reflect changes in law, to reflect VA’s
interpretation of statutory requirements,
to make clarifying changes, and to make
other changes that are nonsubstantive.
DATES: Comments must be received on
or before May 8, 2009.
ADDRESSES: Written comments may be
submitted through https://
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Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AM84—Vocational Rehabilitation and
Employment Program—Periods of
Eligibility.’’ Copies of comments
received will be available for public
inspection in the Office of Regulation
Policy and Management, Room 1063B,
between the hours of 8 a.m. and 4:30
p.m., Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Alvin Bauman, Senior Policy Analyst,
Vocational Rehabilitation and
Employment Service (28), Department
of Veterans Affairs, Veterans Benefits
Administration, 810 Vermont Ave.,
NW., Washington, DC 20420, (202) 461–
9613.
SUPPLEMENTARY INFORMATION: We
propose to amend VA’s regulations in
38 CFR Part 21, Subpart A—Vocational
Rehabilitation Under 38 U.S.C. Chapter
31. These amendments concern periods
of eligibility applicable to VA’s
provision of Vocational Rehabilitation
and Employment (VR&E) benefits and
services.
Specifically, we propose to restate
and interpret the provisions of 38 U.S.C.
3102 and 3103 in 38 CFR 21.41 by
defining the term ‘‘basic period of
eligibility,’’ clarifying its significance,
identifying the provisions for deferring
or extending the basic period of
eligibility, and stating that a
servicemember’s basic period of
eligibility does not begin before his or
her discharge or release from active
military, naval, or air service.
We propose to revise § 21.42 to make
clarifying changes in its provisions.
These include specifying who is
authorized to determine that the
veteran’s participation in a vocational
rehabilitation program is reasonably
feasible, after the basic period of
eligibility had been delayed or
interrupted due to any medical
condition(s) of the veteran. It would also
specify that the basic period of
eligibility would begin or resume on the
date of written notice to the veteran of
that determination.
We propose to revise § 21.44.
Pursuant to 38 U.S.C. 3103(c)(3), we
would add provisions in a new
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paragraph (b) to more clearly state the
length of time that an extension of the
basic period of eligibility for a veteran
with a serious employment handicap
may be granted. Proposed § 21.44 also
would specify who is authorized to
extend the basic period of eligibility for
the reasons described in this section and
would make other clarifying changes.
We propose to revise and restructure
§ 21.45 to conform this section to
statutory requirements and more clearly
state the length of extension of the basic
period of eligibility for a veteran in a
program of independent living services.
We propose to add a new § 21.46 to
reflect and interpret an amendment to
38 U.S.C. 3103 by section 103(c)(2) of
Public Law 107–103 for a veteran who
VA determines ‘‘was prevented from
participating’’ in a vocational
rehabilitation program under chapter 31
of title 38, United States Code, because
they are recalled to active duty. The
section would reflect our interpretation
that ‘‘prevented from participating’’
includes those who are prevented from
commencing or continuing in a program
of vocational rehabilitation. This section
would also describe—
• The reasons for recall that allow VA
to extend the period of eligibility; and
• The length of extension of the
period of eligibility, which under 38
U.S.C. 3103(e) is the length of time the
veteran served on active duty plus 4
months.
Finally, we propose to rewrite these
sections in reader-focused plain English
and make other nonsubstantive changes
in their provisions.
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).
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 proposed rule would have no
such effect on State, local, and tribal
governments, or on the private sector.
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
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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 proposed rule have
been examined and it has been
determined not to be a significant
regulatory action under Executive Order
12866.
Regulatory Flexibility Act
The Secretary hereby certifies that
this proposed rule would not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. This
proposed rule would not affect any
small entities. Only individuals would
be affected. Therefore, pursuant to 5
U.S.C. 605(b), this proposed rule is
exempt from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
The program that this rule would
affect has the following Catalog of
Federal Domestic Assistance number
and title: 64.116, Vocational
Rehabilitation for Disabled Veterans.
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,
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Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules
period of eligibility for a servicemember
who is entitled to vocational
rehabilitation services and assistance
under 38 U.S.C. chapter 31 for a period
before discharge does not run while the
servicemember remains on active duty,
but begins on the date of discharge from
the active military, naval, or air service.
The period of eligibility requirements of
this section are not applicable to
provision of vocational rehabilitation
services and assistance under chapter 31
during active duty.
Travel and transportation expenses,
Veterans, Vocational education,
Vocational rehabilitation.
Approved: February 24, 2009.
John R. Gingrich,
Chief of Staff.
For the reasons set forth in the
preamble, VA proposes to amend 38
CFR part 21 (subpart A) as follows:
PART 21—VOCATIONAL
REHABILITATION AND EDUCATION
Subpart A—Vocational Rehabilitation
and Employment Under 38 U.S.C.
Chapter 31
1. Revise the authority citation for
part 21, subpart A to read as follows:
Authority: 38 U.S.C. 501(a), chs. 18, 31,
and as noted in specific sections.
2. Revise the subpart A heading as set
forth above.
3. Revise §§ 21.41, 21.42, 21.44, and
21.45 to read as follows:
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§ 21.41
Basic period of eligibility.
(a) Time limit for eligibility to receive
vocational rehabilitation. (1) For
purposes of §§ 21.41 through 21.46, the
term basic period of eligibility means
the 12-year period beginning on the date
of a veteran’s discharge or release from
his or her last period of active military,
naval, or air service, and ending on the
date that is 12 years from the veteran’s
discharge or release date, but the
beginning date may be deferred or the
ending date extended under the sections
referred to in paragraph (b) of this
section. (See §§ 21.70 through 21.79
concerning duration of rehabilitation
programs.)
(2) Except as provided in paragraph
(b) or (c) of this section, the period
during which an individual may receive
a program of vocational rehabilitation
benefits and services under 38 U.S.C.
chapter 31 is limited to his or her basic
period of eligibility.
(b) Deferral and extension of the basic
period of eligibility. VA may defer the
beginning date of a veteran’s basic
period of eligibility under § 21.42. VA
may extend the ending date of a
veteran’s basic period of eligibility
under § 21.42 (extension due to medical
condition); § 21.44 (extension for a
veteran with a serious employment
handicap), § 21.45 (extension during a
program of independent living services
and assistance), and § 21.46 (extension
for a veteran recalled to active duty).
Authority: 38 U.S.C. 3103.
(c) Servicemember entitled to
vocational rehabilitation services and
assistance before discharge. The basic
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Authority: 38 U.S.C. 3102, 3103.
§ 21.42 Deferral or extension of the basic
period of eligibility.
The basic period of eligibility does
not run as long as any of the following
reasons prevents the veteran from
commencing or continuing a vocational
rehabilitation program:
(a) Qualifying compensable serviceconnected disability(ies) not
established. The basic period of
eligibility does not commence until the
day VA notifies a veteran of a rating
determination by VA that the veteran
has a qualifying compensable serviceconnected disability under § 21.40.
Authority: 38 U.S.C. 3103(b)(3).
(b) Character of discharge is a bar to
benefits.
(1) The basic period of eligibility does
not commence until the veteran meets
the requirement of a discharge or release
under conditions other than
dishonorable. (For provisions regarding
character of discharge, see § 3.12 of this
chapter.)
(2) If VA has considered a veteran’s
character of discharge to be a bar to
benefits, the basic period of eligibility
commences only when one of the
following happens:
(i) An appropriate authority changes
the character of discharge or release; or
(ii) VA determines that the discharge
or release was under conditions other
than dishonorable or that the discharge
or release was, but no longer is, a bar to
benefits.
(3) If there is a change in the character
of discharge, or the discharge or release
otherwise is determined, as provided in
paragraph (b)(2) of this section, not to be
a bar to benefits, the beginning date of
the basic period of eligibility will be the
effective date of the change or VA
determination.
Authority: 38 U.S.C. 3103(b)(2).
(c) Commencement or continuation of
participation prevented by medical
condition(s).
(1) The basic period of eligibility does
not run during any period when a
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9977
veteran’s participation in a vocational
rehabilitation program is determined to
be infeasible for 30 days or more
because of any medical condition(s) of
the veteran, including the disabling
effects of chronic alcoholism (see
paragraphs (c)(2) through (c)(5) of this
section).
(2) For purposes of this section, the
term disabling effects of chronic
alcoholism means alcohol-induced
physical or mental disorders or both,
such as habitual intoxication,
withdrawal, delirium, amnesia,
dementia, and other like manifestations
that:
(i) Have been diagnosed as
manifestations of alcohol dependency or
chronic alcohol abuse; and
(ii) Have been determined to prevent
the affected veteran from beginning or
continuing in a program of vocational
rehabilitation and employment.
(3) A diagnosis of alcoholism, chronic
alcoholism, alcohol dependency, or
chronic alcohol abuse, in and of itself,
does not satisfy the definition of
disabling effects of chronic alcoholism.
(4) Injuries sustained by a veteran as
a proximate and immediate result of
activity undertaken by the veteran while
physically or mentally unqualified to do
so due to alcoholic intoxication are not
considered disabling effects of chronic
alcoholism. An injury itself, however,
may prevent commencement or
continuation of a rehabilitation
program.
(5) For purposes of this section, after
November 17, 1988, the disabling effects
of chronic alcoholism do not constitute
willful misconduct. See 38 U.S.C.
105(c).
(6) If the basic period of eligibility is
delayed or interrupted under this
paragraph (c) due to any medical
condition(s) of the veteran, it will begin
or resume on the date a Counseling
Psychologist (CP) or Vocational
Rehabilitation Counselor (VRC) notifies
the veteran in writing that the CP or
VRC has determined, based on the
evidence of record, that participation in
a vocational rehabilitation program is
reasonably feasible for the veteran.
Authority: 38 U.S.C. 3103(b)(1).
§ 21.44 Extension of the basic period of
eligibility for a veteran with a serious
employment handicap.
(a) Conditions for extension. A
Counseling Psychologist (CP) or
Vocational Rehabilitation Counselor
(VRC) may extend the basic period of
eligibility of a veteran with a serious
employment handicap when the
veteran’s current employment handicap
and need for rehabilitation services and
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Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules
assistance necessitate an extension
under the following conditions:
(1) Not rehabilitated to the point of
employability. The veteran has not been
rehabilitated to the point of
employability; or
Authority: 38 U.S.C. 3103(c).
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(2) Rehabilitated to the point of
employability. The veteran was
previously declared rehabilitated to the
point of employability, but currently
meets one of the following three
conditions:
(i) One or more of the veteran’s
service-connected disabilities has
worsened, preventing the veteran from
working in the occupation for which he
or she trained, or in a related
occupation;
(ii) The veteran’s current employment
handicap and capabilities clearly show
that the occupation for which the
veteran previously trained is currently
unsuitable; or
(iii) The occupational requirements in
the occupation for which the veteran
trained have changed to such an extent
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that additional services are necessary to
enable the veteran to work in that
occupation, or in a related field.
Authority: 38 U.S.C. 3103(c).
(b) Length of eligibility extension. For
a veteran with a serious employment
handicap, a CP or VRC may extend the
basic period of eligibility for such
additional period as the CP or VRC
determines is needed for the veteran to
accomplish the purposes of his or her
individualized rehabilitation program.
Authority: 38 U.S.C. 3103(c).
§ 21.45 Extending the period of
eligibility for a program of independent
living beyond basic period of eligibility.
A Counseling Psychologist (CP) or
Vocational Rehabilitation Counselor
(VRC) may extend the period of
eligibility for a veteran’s program of
independent living services beyond the
veteran’s basic period of eligibility if the
CP or VRC determines that an extension
is necessary for the veteran to achieve
maximum independence in daily living.
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The extension may be for such period as
the CP or VRC determines is needed for
the veteran to achieve the goals of his
or her program of independent living.
(See § 21.76(b) concerning duration of
independent living services.)
Authority: 38 U.S.C. 3103(d).
4. Add § 21.46 to read as follows:
§ 21.46 Veteran ordered to active
duty; extension of basic period of
eligibility. If VA determines that a
veteran is prevented from participating
in, or continuing in, a program of
vocational rehabilitation as a result of
being ordered to active duty under 10
U.S.C. 688, 12301(a), 12301(d),
12301(g), 12302, or 12304, the veteran’s
basic period of eligibility will be
extended by the length of time the
veteran serves on active duty plus 4
months.
Authority: 38 U.S.C. 3103(e); sec. 308(h),
Public Law 107–330, 116 Stat. 2829.
[FR Doc. E9–4935 Filed 3–6–09; 8:45 am]
BILLING CODE 8320–01–P
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]]>Agencies
[Federal Register Volume 74, Number 44 (Monday, March 9, 2009)]
[Proposed Rules]
[Pages 9975-9978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4935]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AM84
Vocational Rehabilitation and Employment Program--Periods of
Eligibility
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend regulations of the Department
of Veterans Affairs (VA) concerning periods of eligibility applicable
to VA's provision of Vocational Rehabilitation and Employment benefits
and services. The proposed amendments are intended to reflect changes
in law, to reflect VA's interpretation of statutory requirements, to
make clarifying changes, and to make other changes that are
nonsubstantive.
DATES: Comments must be received on or before May 8, 2009.
ADDRESSES: Written comments may be submitted through https://
[[Page 9976]]
www.Regulations.gov; by mail or hand-delivery to the Director,
Regulations Management (02REG), Department of Veterans Affairs, 810
Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202)
273-9026. Comments should indicate that they are submitted in response
to ``RIN 2900-AM84--Vocational Rehabilitation and Employment Program--
Periods of Eligibility.'' Copies of comments received will be available
for public inspection in the Office of Regulation Policy and
Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m.,
Monday through Friday (except holidays). Please call (202) 461-4902 for
an appointment. In addition, during the comment period, comments may be
viewed online through the Federal Docket Management System (FDMS) at
https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Alvin Bauman, Senior Policy Analyst,
Vocational Rehabilitation and Employment Service (28), Department of
Veterans Affairs, Veterans Benefits Administration, 810 Vermont Ave.,
NW., Washington, DC 20420, (202) 461-9613.
SUPPLEMENTARY INFORMATION: We propose to amend VA's regulations in 38
CFR Part 21, Subpart A--Vocational Rehabilitation Under 38 U.S.C.
Chapter 31. These amendments concern periods of eligibility applicable
to VA's provision of Vocational Rehabilitation and Employment (VR&E)
benefits and services.
Specifically, we propose to restate and interpret the provisions of
38 U.S.C. 3102 and 3103 in 38 CFR 21.41 by defining the term ``basic
period of eligibility,'' clarifying its significance, identifying the
provisions for deferring or extending the basic period of eligibility,
and stating that a servicemember's basic period of eligibility does not
begin before his or her discharge or release from active military,
naval, or air service.
We propose to revise Sec. 21.42 to make clarifying changes in its
provisions. These include specifying who is authorized to determine
that the veteran's participation in a vocational rehabilitation program
is reasonably feasible, after the basic period of eligibility had been
delayed or interrupted due to any medical condition(s) of the veteran.
It would also specify that the basic period of eligibility would begin
or resume on the date of written notice to the veteran of that
determination.
We propose to revise Sec. 21.44. Pursuant to 38 U.S.C. 3103(c)(3),
we would add provisions in a new paragraph (b) to more clearly state
the length of time that an extension of the basic period of eligibility
for a veteran with a serious employment handicap may be granted.
Proposed Sec. 21.44 also would specify who is authorized to extend the
basic period of eligibility for the reasons described in this section
and would make other clarifying changes.
We propose to revise and restructure Sec. 21.45 to conform this
section to statutory requirements and more clearly state the length of
extension of the basic period of eligibility for a veteran in a program
of independent living services.
We propose to add a new Sec. 21.46 to reflect and interpret an
amendment to 38 U.S.C. 3103 by section 103(c)(2) of Public Law 107-103
for a veteran who VA determines ``was prevented from participating'' in
a vocational rehabilitation program under chapter 31 of title 38,
United States Code, because they are recalled to active duty. The
section would reflect our interpretation that ``prevented from
participating'' includes those who are prevented from commencing or
continuing in a program of vocational rehabilitation. This section
would also describe--
The reasons for recall that allow VA to extend the period
of eligibility; and
The length of extension of the period of eligibility,
which under 38 U.S.C. 3103(e) is the length of time the veteran served
on active duty plus 4 months.
Finally, we propose to rewrite these sections in reader-focused
plain English and make other nonsubstantive changes in their
provisions.
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).
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 proposed rule would have no such effect on
State, local, and tribal governments, or on the private sector.
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 proposed rule have been examined and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would not
have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act, 5
U.S.C. 601-612. This proposed rule would not affect any small entities.
Only individuals would be affected. Therefore, pursuant to 5 U.S.C.
605(b), this proposed rule is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
The program that this rule would affect has the following Catalog
of Federal Domestic Assistance number and title: 64.116, Vocational
Rehabilitation for Disabled Veterans.
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,
[[Page 9977]]
Travel and transportation expenses, Veterans, Vocational education,
Vocational rehabilitation.
Approved: February 24, 2009.
John R. Gingrich,
Chief of Staff.
For the reasons set forth in the preamble, VA proposes to amend 38
CFR part 21 (subpart A) as follows:
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart A--Vocational Rehabilitation and Employment Under 38 U.S.C.
Chapter 31
1. Revise the authority citation for part 21, subpart A to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in
specific sections.
2. Revise the subpart A heading as set forth above.
3. Revise Sec. Sec. 21.41, 21.42, 21.44, and 21.45 to read as
follows:
Sec. 21.41 Basic period of eligibility.
(a) Time limit for eligibility to receive vocational
rehabilitation. (1) For purposes of Sec. Sec. 21.41 through 21.46, the
term basic period of eligibility means the 12-year period beginning on
the date of a veteran's discharge or release from his or her last
period of active military, naval, or air service, and ending on the
date that is 12 years from the veteran's discharge or release date, but
the beginning date may be deferred or the ending date extended under
the sections referred to in paragraph (b) of this section. (See
Sec. Sec. 21.70 through 21.79 concerning duration of rehabilitation
programs.)
(2) Except as provided in paragraph (b) or (c) of this section, the
period during which an individual may receive a program of vocational
rehabilitation benefits and services under 38 U.S.C. chapter 31 is
limited to his or her basic period of eligibility.
(b) Deferral and extension of the basic period of eligibility. VA
may defer the beginning date of a veteran's basic period of eligibility
under Sec. 21.42. VA may extend the ending date of a veteran's basic
period of eligibility under Sec. 21.42 (extension due to medical
condition); Sec. 21.44 (extension for a veteran with a serious
employment handicap), Sec. 21.45 (extension during a program of
independent living services and assistance), and Sec. 21.46 (extension
for a veteran recalled to active duty).
Authority: 38 U.S.C. 3103.
(c) Servicemember entitled to vocational rehabilitation services
and assistance before discharge. The basic period of eligibility for a
servicemember who is entitled to vocational rehabilitation services and
assistance under 38 U.S.C. chapter 31 for a period before discharge
does not run while the servicemember remains on active duty, but begins
on the date of discharge from the active military, naval, or air
service. The period of eligibility requirements of this section are not
applicable to provision of vocational rehabilitation services and
assistance under chapter 31 during active duty.
Authority: 38 U.S.C. 3102, 3103.
Sec. 21.42 Deferral or extension of the basic period of eligibility.
The basic period of eligibility does not run as long as any of the
following reasons prevents the veteran from commencing or continuing a
vocational rehabilitation program:
(a) Qualifying compensable service-connected disability(ies) not
established. The basic period of eligibility does not commence until
the day VA notifies a veteran of a rating determination by VA that the
veteran has a qualifying compensable service-connected disability under
Sec. 21.40.
Authority: 38 U.S.C. 3103(b)(3).
(b) Character of discharge is a bar to benefits.
(1) The basic period of eligibility does not commence until the
veteran meets the requirement of a discharge or release under
conditions other than dishonorable. (For provisions regarding character
of discharge, see Sec. 3.12 of this chapter.)
(2) If VA has considered a veteran's character of discharge to be a
bar to benefits, the basic period of eligibility commences only when
one of the following happens:
(i) An appropriate authority changes the character of discharge or
release; or
(ii) VA determines that the discharge or release was under
conditions other than dishonorable or that the discharge or release
was, but no longer is, a bar to benefits.
(3) If there is a change in the character of discharge, or the
discharge or release otherwise is determined, as provided in paragraph
(b)(2) of this section, not to be a bar to benefits, the beginning date
of the basic period of eligibility will be the effective date of the
change or VA determination.
Authority: 38 U.S.C. 3103(b)(2).
(c) Commencement or continuation of participation prevented by
medical condition(s).
(1) The basic period of eligibility does not run during any period
when a veteran's participation in a vocational rehabilitation program
is determined to be infeasible for 30 days or more because of any
medical condition(s) of the veteran, including the disabling effects of
chronic alcoholism (see paragraphs (c)(2) through (c)(5) of this
section).
(2) For purposes of this section, the term disabling effects of
chronic alcoholism means alcohol-induced physical or mental disorders
or both, such as habitual intoxication, withdrawal, delirium, amnesia,
dementia, and other like manifestations that:
(i) Have been diagnosed as manifestations of alcohol dependency or
chronic alcohol abuse; and
(ii) Have been determined to prevent the affected veteran from
beginning or continuing in a program of vocational rehabilitation and
employment.
(3) A diagnosis of alcoholism, chronic alcoholism, alcohol
dependency, or chronic alcohol abuse, in and of itself, does not
satisfy the definition of disabling effects of chronic alcoholism.
(4) Injuries sustained by a veteran as a proximate and immediate
result of activity undertaken by the veteran while physically or
mentally unqualified to do so due to alcoholic intoxication are not
considered disabling effects of chronic alcoholism. An injury itself,
however, may prevent commencement or continuation of a rehabilitation
program.
(5) For purposes of this section, after November 17, 1988, the
disabling effects of chronic alcoholism do not constitute willful
misconduct. See 38 U.S.C. 105(c).
(6) If the basic period of eligibility is delayed or interrupted
under this paragraph (c) due to any medical condition(s) of the
veteran, it will begin or resume on the date a Counseling Psychologist
(CP) or Vocational Rehabilitation Counselor (VRC) notifies the veteran
in writing that the CP or VRC has determined, based on the evidence of
record, that participation in a vocational rehabilitation program is
reasonably feasible for the veteran.
Authority: 38 U.S.C. 3103(b)(1).
Sec. 21.44 Extension of the basic period of eligibility for a veteran
with a serious employment handicap.
(a) Conditions for extension. A Counseling Psychologist (CP) or
Vocational Rehabilitation Counselor (VRC) may extend the basic period
of eligibility of a veteran with a serious employment handicap when the
veteran's current employment handicap and need for rehabilitation
services and
[[Page 9978]]
assistance necessitate an extension under the following conditions:
(1) Not rehabilitated to the point of employability. The veteran
has not been rehabilitated to the point of employability; or
Authority: 38 U.S.C. 3103(c).
(2) Rehabilitated to the point of employability. The veteran was
previously declared rehabilitated to the point of employability, but
currently meets one of the following three conditions:
(i) One or more of the veteran's service-connected disabilities has
worsened, preventing the veteran from working in the occupation for
which he or she trained, or in a related occupation;
(ii) The veteran's current employment handicap and capabilities
clearly show that the occupation for which the veteran previously
trained is currently unsuitable; or
(iii) The occupational requirements in the occupation for which the
veteran trained have changed to such an extent that additional services
are necessary to enable the veteran to work in that occupation, or in a
related field.
Authority: 38 U.S.C. 3103(c).
(b) Length of eligibility extension. For a veteran with a serious
employment handicap, a CP or VRC may extend the basic period of
eligibility for such additional period as the CP or VRC determines is
needed for the veteran to accomplish the purposes of his or her
individualized rehabilitation program.
Authority: 38 U.S.C. 3103(c).
Sec. 21.45 Extending the period of eligibility for a program of
independent living beyond basic period of eligibility. A Counseling
Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) may
extend the period of eligibility for a veteran's program of independent
living services beyond the veteran's basic period of eligibility if the
CP or VRC determines that an extension is necessary for the veteran to
achieve maximum independence in daily living. The extension may be for
such period as the CP or VRC determines is needed for the veteran to
achieve the goals of his or her program of independent living. (See
Sec. 21.76(b) concerning duration of independent living services.)
Authority: 38 U.S.C. 3103(d).
4. Add Sec. 21.46 to read as follows:
Sec. 21.46 Veteran ordered to active duty; extension of basic
period of eligibility. If VA determines that a veteran is prevented
from participating in, or continuing in, a program of vocational
rehabilitation as a result of being ordered to active duty under 10
U.S.C. 688, 12301(a), 12301(d), 12301(g), 12302, or 12304, the
veteran's basic period of eligibility will be extended by the length of
time the veteran serves on active duty plus 4 months.
Authority: 38 U.S.C. 3103(e); sec. 308(h), Public Law 107-330, 116
Stat. 2829.
[FR Doc. E9-4935 Filed 3-6-09; 8:45 am]
BILLING CODE 8320-01-P
