Elimination of On-the-Job Training and Apprenticeship Trainee Certification, 59190-59192 [2020-17844]
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59190
Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations
that OIRA has determined to be
economically significant;
(4) Be submitted to OIRA for
coordinated review, along with, at
minimum, a summary of the proposed
guidance and documentation
demonstrating compliance with
applicable rulemaking requirements set
forth in Executive Orders 12866, 13563,
13609, 13771, and 13777; and
(5) Comply with the notice-andcomment procedures prescribed in
§ 1155.8, unless the General Counsel or
his or her delegee issues a written
determination that these informal
rulemaking procedures would be
impracticable, unnecessary, or contrary
to the public interest.
§ 1155.8
Notice-and-comment procedures.
The Access Board shall publish a
notice of availability in the Federal
Register with a public comment period
of not less than 30 days, absent written
determination by the General Counsel
that a public comment period would be
impracticable, unnecessary, or contrary
to the public interest. After the close of
the public comment period, the Access
Board will also prepare a written
response to any major concerns raised
by commenters and make this response
document publicly available on the
Access Board website and/or electronic
rulemaking docket (such as
regulations.gov), either before the
guidance is finalized or upon
publication.
§ 1155.9 Petitions for modification or
withdrawal.
Any person may petition the Access
Board, in writing, for issuance,
modification, or withdrawal of an
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with regard to existing or new guidance,
and explain the bases for this request.
Requests may be submitted by email
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(Office of General Counsel, 1331 F
Street NW, Suite 1000, Washington, DC
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will review the request and respond in
a timely manner, which, typically, is
within 90 days of receipt.
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§ 1155.10
No private right of action.
This part is solely intended to
improve the internal management of the
Access Board. Nothing in this part is
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right of action against the United States,
its agencies or other entities, its officers
or employees, or any other person.
Authority to enforce compliance with
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this part is vested exclusively with the
Board.
Dated: August 18, 2020.
Gretchen Jacobs,
Interim Executive Director.
[FR Doc. 2020–18411 Filed 9–18–20; 8:45 am]
BILLING CODE 8150–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AQ61
Elimination of On-the-Job Training and
Apprenticeship Trainee Certification
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
that contain the requirements for
certification of attendance at on-the-job
training and apprenticeship programs.
This final rule adopts without change a
proposed rule implementing a section of
the ‘‘Veterans Apprenticeship and Labor
Opportunity Reform Act’’ (VALOR Act),
which eliminated the requirement that
veterans and other eligible persons
certify attendance at an on-the-job or
apprentice training program prior to
disbursement of a training assistance
allowance. This final rule also
eliminates the certification requirement
for trainees in a program of
apprenticeship or on-the-job training
under chapter 30 of title 38, United
States Code.
DATES: This rule is effective on October
21, 2020.
FOR FURTHER INFORMATION CONTACT:
Cheryl Amitay, Chief, Policy and
Regulation Development Staff (225C),
Education Service, Department of
Veterans Affairs, 810 Vermont Ave. NW,
Washington, DC 20420, (202) 461–9700.
(This is not a toll-free telephone
number.)
SUPPLEMENTARY INFORMATION: On
February 28, 2020, VA published a
proposed rule in the Federal Register
(85 FR 11906), which would amend its
regulations that contain the
requirements for certification of
attendance at on-the-job training and
apprenticeship programs. VA provided
a 60-day comment period, which ended
on April 28, 2020. We received 2
comments on the proposed rule. This
rule adopts as a final rule, without
changes, the proposed rule published in
the Federal Register on February 28,
2020.
Section 3 of the ‘‘Veterans
Apprenticeship and Labor Opportunity
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
Reform Act’’ (VALOR Act), Public Law
115–89, amended 38 U.S.C. 3680(c) to
eliminate the requirement that veterans
and other eligible persons who receive
on-the-job training or apprenticeship
training (‘‘trainees’’) certify attendance
at on-the-job or apprenticeship training
prior to disbursement of a training
assistance allowance, thereby placing
the responsibility solely on employers
to certify attendance in on-the-job and
apprenticeship programs. VA proposed
to implement the VALOR Act by
amending 38 CFR 21.4138(e)(2)(ii),
21.5133(b)(2), and 21.7640(a)(3)(ii) to
remove references to the trainee
certification requirement, revising the
authority citation for §§ 21.4138(e) and
21.5133, and revising the information
collection approval parenthetical at the
end of §§ 21.4138, 21.5133, and 21.7640.
VA also proposed to revise 38 CFR
21.7140(c)(2)(ii) to eliminate the trainee
certification requirement for trainees in
a program of apprenticeship or on-thejob training under 38 U.S.C. chapter 30,
add an authority citation for paragraph
(c)(2), and revise the information
collection approval parenthetical at the
end of the section.
Both comments on the notice of
proposed rulemaking that VA received
were supportive in part or in whole and
lauded VA for reducing the
administrative burden on veterans
pursuing apprenticeship or on-the job
training programs eligible for GI Bill
benefits. One commenter pointed out
that the rule codifies Congressional
intent in enacting the VALOR Act and
eliminates an obstacle to obtaining
training. VA agrees with the commenter.
The other commenter stated that,
because a trainee would no longer be
required to sign a certification under the
proposed rule, a disagreement could
arise if the trainee does not agree with
the training establishment or trainer’s
calculation of hours. However, VA finds
that there should rarely, if ever, be a
discrepancy as to the number of hours
earned by a trainee because the total
amount of program hours is already
prescribed in the established,
documented training plan for the
program. The periodic certification
merely indicates to VA that the correct
apportioned amount has been
completed, i.e., that the trainee remains
in the program and has not terminated
training. Indeed, Congress eliminated
the dual certification requirement
because experience had shown it to be
unnecessary. H.R. Rep. 115–398, at 3–4
(2017). In the unlikely event a
discrepancy does arise, VA would, of
course, take appropriate steps to resolve
the discrepancy with the trainee and the
training establishment or trainer, and
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Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations
we would reassess the need for specific
regulations on that issue in the future if
such need arises.
No changes are warranted based on
the two comments.
Based on the rationale set forth in the
notice of proposed rulemaking and in
this document, VA adopts the proposed
rule as a final rule.
Executive Orders 12866, 13563, and
13771
Executive Orders 12866 and 13563
direct agencies to assess the 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
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. The Office of
Information and Regulatory Affairs has
determined that this rule is not a
significant regulatory action under
Executive Order 12866.
VA’s impact analysis can be found as
a supporting document at https://
www.regulations.gov, usually within 48
hours after the rulemaking document is
published. Additionally, a copy of the
rulemaking and its regulatory impact
analysis are available on VA’s website at
https://www.va.gov/orpm/ by following
the link for ‘‘VA Regulations Published
From FY 2004 Through Fiscal Year to
Date.’’
This final rule is not an E.O. 13771
regulatory action because the rule is not
significant under E.O. 12886.
jbell on DSKJLSW7X2PROD with RULES
Regulatory Flexibility Act
The Secretary hereby certifies that
this rule will 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 rulemaking
does not change VA’s policy or
provisions involving any small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
the initial and final regulatory flexibility
analysis requirements of 5 U.S.C. 603
and 604 do not apply.
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
VerDate Sep<11>2014
16:14 Sep 18, 2020
Jkt 250001
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a major rule,
as defined by 5 U.S.C. 804(2).
Paperwork Reduction Act
This final rule contains provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521). As required
by 44 U.S.C. 3507(d), VA submitted this
information collection to the Office of
Management and Budget (OMB) for
review. OMB approved the information
collection requirement in 38 CFR
21.4138(e)(2), 21.5133(b), 21.7140(c)(2),
and 21.7640(a)(3) and assigned OMB
control number 2900–0178.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.027, Post-9/11 Veterans Educational
Assistance; 64.028, Post-9/11 Veterans
Educational Assistance; 64.032,
Montgomery GI Bill Selected Reserve;
Reserve Educational Assistance
Program; 64.117, Survivors and
Dependents Educational Assistance;
64.120, Post-Vietnam Era Veterans’
Educational Assistance; 64.124, AllVolunteer Force 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; Defense
Department; 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.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Brooks D. Tucker, Acting Chief of Staff,
Department of Veterans Affairs,
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
59191
approved this document on August 11,
2020, for publication.
Luvenia Potts,
Regulation Development Coordinator, Office
of Regulation Policy & Management, Office
of the Secretary, Department of Veterans
Affairs.
For the reasons stated in the
preamble, VA amends 38 CFR part 21 as
follows:
PART 21—VOCATIONAL
REHABILITATION AND EDUCATION
Subpart D—Administration of
Educational Assistance Programs
1. The authority citation for part 21,
Subpart D continues to read as follows:
■
Authority: 10 U.S.C. 2141 note, ch. 1606;
38 U.S.C. 501(a), chs. 30, 32, 33, 34, 35, 36,
and as noted in specific sections.
2. Amend § 21.4138 by:
a. Revising paragraph (e)(2)(ii).
b. Revising the authority citation for
paragraph (e).
■ c. Revising the information collection
approval parenthetical at the end of the
section.
The revisions read as follows:
■
■
■
§ 21.4138 Certifications and release of
payments.
*
*
*
*
*
(e) * * *
(2) * * *
(ii) VA has received from the training
establishment a certification of hours
worked.
*
*
*
*
*
(Authority: 38 U.S.C. 5113, 3680(b), 3680(c),
3680(g))
*
*
*
*
*
(The Office of Management and Budget has
approved the information collection
requirements in this section under control
numbers 2900–0178 and 2900–0604)
Subpart G—Post-Vietnam Era
Veterans’ Educational Assistance
Under 38 U.S.C. Chapter 32
3. The authority citation for part 21,
Subpart G continues to read as follows:
■
Authority: 38 U.S.C. 501(a), chs. 32, 36,
and as noted in specific sections.
4. Amend § 21.5133 by:
a. Revising paragraph (b)(2).
b. Revising the information collection
approval parenthetical at the end of the
section.
■ c. Revising the authority citation at
the end of the section.
The revisions read as follows:
■
■
■
§ 21.5133 Certifications and release of
payments.
*
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*
*
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*
*
59192
Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations
(b) * * *
(2) VA has received from the training
establishment a certification of hours
worked. Generally, this certification will
be required monthly, resulting in
monthly payments.
*
*
*
*
*
(Approved by the Office of Management and
Budget under control numbers 2900–0178
and 2900–0465)
(Authority: 38 U.S.C. 3680(c), 3680(g), 3689)
5. The authority citation for part 21,
Subpart K continues to read as follows:
■
Authority: 38 U.S.C. 501(a), chs. 30, 36,
and as noted in specific sections.
6. Amend § 21.7140 by:
a. Revising paragraph (c)(2)(ii).
b. Adding an authority citation for
paragraph (c)(2).
■ c. Revising the information collection
approval parenthetical at the end of the
section.
The revisions and addition read as
follows:
■
■
■
§ 21.7140 Certifications and release of
payments.
*
*
*
*
*
(c) * * *
(2) * * *
(ii) VA has received from the training
establishment a certification of hours
worked.
(Authority: 38 U.S.C. 3034, 3680(g))
*
*
*
*
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
numbers 2900–0178, 2900–0695, and 2900–
0698)
Subpart L—Educational Assistance for
Members of the Selected Reserve
7. The authority citation for part 21,
Subpart L continues to read as follows:
■
Authority: 10 U.S.C. ch. 1606; 38 U.S.C.
501(a), 512, ch. 36, and as noted in specific
sections.
8. Amend § 21.7640 by:
a. Revising paragraph (a)(3)(ii).
b. Revising the information collection
approval parenthetical at the end of the
section.
The revisions read as follows:
■
■
■
§ 21.7640
Release of payments.
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*
*
*
*
*
(a) * * *
(3) * * *
(ii) VA has received certification by
the training establishment of the
reservist’s hours worked.
*
*
*
*
*
VerDate Sep<11>2014
16:14 Sep 18, 2020
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[FR Doc. 2020–17844 Filed 9–18–20; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0170; FRL–10013–
41–Region 4]
Subpart K—All Volunteer Force
Educational Assistance Program
(Montgomery GI Bill—Active Duty)
*
(Approved by the Office of Management and
Budget under control numbers 2900–0073
and 2900–0178)
Air Plan Approval; Alabama: Air
Quality Control, VOC Definition
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM), in
a letter dated February 27, 2020. The
revision modifies the State’s air quality
regulations as incorporated into the SIP
by changing the definition of ‘‘volatile
organic compounds’’ (VOC) to be
consistent with federal regulations. EPA
is approving this SIP revision because
the State has demonstrated that these
changes are consistent with the Clean
Air Act (CAA or Act).
DATES: This rule is effective October 21,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0170. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 can
either be retrieved electronically via
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
SUMMARY:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. LaRocca can be reached via
telephone at (404) 562–8994 or via
electronic mail at larocca.sarah@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Tropospheric ozone, commonly
known as smog, occurs when VOC and
nitrogen oxides (NOX) react in the
atmosphere in the presence of sunlight.
Because of the harmful health effects of
ozone, EPA and state governments
implement rules to limit the amount of
certain VOC and NOX that can be
released into the atmosphere. VOC have
different levels of reactivity; they do not
react at the same speed or do not form
ozone to the same extent. Section 302(s)
of the CAA specifies that EPA has the
authority to define the meaning of
‘‘VOC,’’ and hence, what compounds
shall be treated as VOC for regulatory
purposes.
EPA determines whether a given
carbon compound has ‘‘negligible’’
reactivity by comparing the compound’s
reactivity to the reactivity of ethane. It
is EPA’s policy that compounds of
carbon with negligible reactivity be
excluded from the regulatory definition
of VOC. See 42 FR 35314 (July 8, 1977),
70 FR 54046 (September 13, 2005). EPA
lists these compounds in its regulations
at 40 CFR 51.100(s) and excludes them
from the definition of VOC. The
chemicals on this list are often called
‘‘negligibly reactive.’’ EPA may
periodically revise the list of negligibly
reactive compounds to add or delete
compounds.
II. Analysis of State Submission
EPA is approving the change to the
Alabama SIP submitted by the State of
Alabama through a letter dated February
27, 2020,1 that revises the definition of
‘‘Volatile Organic Compounds (VOC)’’ at
subparagraph (gggg) of Rule 335–3–1–
.02—‘‘Definitions’’ by adding cis1,1,1,4,4,4—hexafluorobut-2-ene (HFO1336mzz-Z) to the list of organic
compounds having negligible
photochemical reactivity.2 Alabama
submitted this SIP revision in response
to EPA adding cis-1,1,1,4,4,41 EPA received Alabama’s SIP revision on March
5, 2020.
2 On February 27, 2020, Alabama submitted other
SIP revisions which will be addressed in separate
actions.
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]]>Agencies
[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59190-59192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17844]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AQ61
Elimination of On-the-Job Training and Apprenticeship Trainee
Certification
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations that contain the requirements for certification of
attendance at on-the-job training and apprenticeship programs. This
final rule adopts without change a proposed rule implementing a section
of the ``Veterans Apprenticeship and Labor Opportunity Reform Act''
(VALOR Act), which eliminated the requirement that veterans and other
eligible persons certify attendance at an on-the-job or apprentice
training program prior to disbursement of a training assistance
allowance. This final rule also eliminates the certification
requirement for trainees in a program of apprenticeship or on-the-job
training under chapter 30 of title 38, United States Code.
DATES: This rule is effective on October 21, 2020.
FOR FURTHER INFORMATION CONTACT: Cheryl Amitay, Chief, Policy and
Regulation Development Staff (225C), Education Service, Department of
Veterans Affairs, 810 Vermont Ave. NW, Washington, DC 20420, (202) 461-
9700. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: On February 28, 2020, VA published a
proposed rule in the Federal Register (85 FR 11906), which would amend
its regulations that contain the requirements for certification of
attendance at on-the-job training and apprenticeship programs. VA
provided a 60-day comment period, which ended on April 28, 2020. We
received 2 comments on the proposed rule. This rule adopts as a final
rule, without changes, the proposed rule published in the Federal
Register on February 28, 2020.
Section 3 of the ``Veterans Apprenticeship and Labor Opportunity
Reform Act'' (VALOR Act), Public Law 115-89, amended 38 U.S.C. 3680(c)
to eliminate the requirement that veterans and other eligible persons
who receive on-the-job training or apprenticeship training
(``trainees'') certify attendance at on-the-job or apprenticeship
training prior to disbursement of a training assistance allowance,
thereby placing the responsibility solely on employers to certify
attendance in on-the-job and apprenticeship programs. VA proposed to
implement the VALOR Act by amending 38 CFR 21.4138(e)(2)(ii),
21.5133(b)(2), and 21.7640(a)(3)(ii) to remove references to the
trainee certification requirement, revising the authority citation for
Sec. Sec. 21.4138(e) and 21.5133, and revising the information
collection approval parenthetical at the end of Sec. Sec. 21.4138,
21.5133, and 21.7640.
VA also proposed to revise 38 CFR 21.7140(c)(2)(ii) to eliminate
the trainee certification requirement for trainees in a program of
apprenticeship or on-the-job training under 38 U.S.C. chapter 30, add
an authority citation for paragraph (c)(2), and revise the information
collection approval parenthetical at the end of the section.
Both comments on the notice of proposed rulemaking that VA received
were supportive in part or in whole and lauded VA for reducing the
administrative burden on veterans pursuing apprenticeship or on-the job
training programs eligible for GI Bill benefits. One commenter pointed
out that the rule codifies Congressional intent in enacting the VALOR
Act and eliminates an obstacle to obtaining training. VA agrees with
the commenter.
The other commenter stated that, because a trainee would no longer
be required to sign a certification under the proposed rule, a
disagreement could arise if the trainee does not agree with the
training establishment or trainer's calculation of hours. However, VA
finds that there should rarely, if ever, be a discrepancy as to the
number of hours earned by a trainee because the total amount of program
hours is already prescribed in the established, documented training
plan for the program. The periodic certification merely indicates to VA
that the correct apportioned amount has been completed, i.e., that the
trainee remains in the program and has not terminated training. Indeed,
Congress eliminated the dual certification requirement because
experience had shown it to be unnecessary. H.R. Rep. 115-398, at 3-4
(2017). In the unlikely event a discrepancy does arise, VA would, of
course, take appropriate steps to resolve the discrepancy with the
trainee and the training establishment or trainer, and
[[Page 59191]]
we would reassess the need for specific regulations on that issue in
the future if such need arises.
No changes are warranted based on the two comments.
Based on the rationale set forth in the notice of proposed
rulemaking and in this document, VA adopts the proposed rule as a final
rule.
Executive Orders 12866, 13563, and 13771
Executive Orders 12866 and 13563 direct agencies to assess the
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 effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
The Office of Information and Regulatory Affairs has determined that
this rule is not a significant regulatory action under Executive Order
12866.
VA's impact analysis can be found as a supporting document at
https://www.regulations.gov, usually within 48 hours after the
rulemaking document is published. Additionally, a copy of the
rulemaking and its regulatory impact analysis are available on VA's
website at https://www.va.gov/orpm/ by following the link for ``VA
Regulations Published From FY 2004 Through Fiscal Year to Date.''
This final rule is not an E.O. 13771 regulatory action because the
rule is not significant under E.O. 12886.
Regulatory Flexibility Act
The Secretary hereby certifies that this rule will 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 rulemaking does not change VA's policy or provisions
involving any small entities. Therefore, pursuant to 5 U.S.C. 605(b),
the initial and final regulatory flexibility analysis requirements of 5
U.S.C. 603 and 604 do not apply.
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 one year. This final rule will have no such effect on State, local,
and tribal governments, or on the private sector.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
Paperwork Reduction Act
This final rule contains provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521). As required by 44 U.S.C. 3507(d), VA submitted this information
collection to the Office of Management and Budget (OMB) for review. OMB
approved the information collection requirement in 38 CFR
21.4138(e)(2), 21.5133(b), 21.7140(c)(2), and 21.7640(a)(3) and
assigned OMB control number 2900-0178.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.027, Post-9/11 Veterans
Educational Assistance; 64.028, Post-9/11 Veterans Educational
Assistance; 64.032, Montgomery GI Bill Selected Reserve; Reserve
Educational Assistance Program; 64.117, Survivors and Dependents
Educational Assistance; 64.120, Post-Vietnam Era Veterans' Educational
Assistance; 64.124, All-Volunteer Force 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; Defense
Department; 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.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Brooks D.
Tucker, Acting Chief of Staff, Department of Veterans Affairs, approved
this document on August 11, 2020, for publication.
Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of the Secretary, Department of Veterans Affairs.
For the reasons stated in the preamble, VA amends 38 CFR part 21 as
follows:
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart D--Administration of Educational Assistance Programs
0
1. The authority citation for part 21, Subpart D continues to read as
follows:
Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs.
30, 32, 33, 34, 35, 36, and as noted in specific sections.
0
2. Amend Sec. 21.4138 by:
0
a. Revising paragraph (e)(2)(ii).
0
b. Revising the authority citation for paragraph (e).
0
c. Revising the information collection approval parenthetical at the
end of the section.
The revisions read as follows:
Sec. 21.4138 Certifications and release of payments.
* * * * *
(e) * * *
(2) * * *
(ii) VA has received from the training establishment a
certification of hours worked.
* * * * *
(Authority: 38 U.S.C. 5113, 3680(b), 3680(c), 3680(g))
* * * * *
(The Office of Management and Budget has approved the information
collection requirements in this section under control numbers 2900-
0178 and 2900-0604)
Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under
38 U.S.C. Chapter 32
0
3. The authority citation for part 21, Subpart G continues to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in
specific sections.
0
4. Amend Sec. 21.5133 by:
0
a. Revising paragraph (b)(2).
0
b. Revising the information collection approval parenthetical at the
end of the section.
0
c. Revising the authority citation at the end of the section.
The revisions read as follows:
Sec. 21.5133 Certifications and release of payments.
* * * * *
[[Page 59192]]
(b) * * *
(2) VA has received from the training establishment a certification
of hours worked. Generally, this certification will be required
monthly, resulting in monthly payments.
* * * * *
(Approved by the Office of Management and Budget under control
numbers 2900-0178 and 2900-0465)
(Authority: 38 U.S.C. 3680(c), 3680(g), 3689)
Subpart K--All Volunteer Force Educational Assistance Program
(Montgomery GI Bill--Active Duty)
0
5. The authority citation for part 21, Subpart K continues to read as
follows:
Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in
specific sections.
0
6. Amend Sec. 21.7140 by:
0
a. Revising paragraph (c)(2)(ii).
0
b. Adding an authority citation for paragraph (c)(2).
0
c. Revising the information collection approval parenthetical at the
end of the section.
The revisions and addition read as follows:
Sec. 21.7140 Certifications and release of payments.
* * * * *
(c) * * *
(2) * * *
(ii) VA has received from the training establishment a
certification of hours worked.
(Authority: 38 U.S.C. 3034, 3680(g))
* * * * *
(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 2900-
0178, 2900-0695, and 2900-0698)
Subpart L--Educational Assistance for Members of the Selected
Reserve
0
7. The authority citation for part 21, Subpart L continues to read as
follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36,
and as noted in specific sections.
0
8. Amend Sec. 21.7640 by:
0
a. Revising paragraph (a)(3)(ii).
0
b. Revising the information collection approval parenthetical at the
end of the section.
The revisions read as follows:
Sec. 21.7640 Release of payments.
* * * * *
(a) * * *
(3) * * *
(ii) VA has received certification by the training establishment of
the reservist's hours worked.
* * * * *
(Approved by the Office of Management and Budget under control
numbers 2900-0073 and 2900-0178)
[FR Doc. 2020-17844 Filed 9-18-20; 8:45 am]
BILLING CODE 8320-01-P
