[Federal Register Volume 62, Number 232 (Wednesday, December 3, 1997)]
[Rules and Regulations]
[Pages 63847-63848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31627]


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DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AI94


Veterans Education: Increased Allowances for the Educational 
Assistance Test Program

AGENCIES: Department of Defense and Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The law provides that rates of subsistence allowance and 
educational assistance payable under the Educational Assistance Test 
Program shall be adjusted annually by the Secretary of Defense based 
upon the average actual cost of attendance at public institutions of 
higher education in the twelve-month period since the rates were last 
adjusted. After consultation with the Department of Education, the 
Department of Defense has concluded that the rates for the 1997-98 
academic year should be increased by 6% over the rates payable for the 
1996-97 academic year. The

[[Page 63848]]

regulations dealing with these rates are amended accordingly.

EFFECTIVE DATE: December 3, 1997.

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director 
for Policy and Program Administration, Education Service, Veterans 
Benefits Administration, 202-273-7187.

SUPPLEMENTARY INFORMATION: The law (10 U.S.C. 2145) provides that the 
Secretary of Defense shall adjust the amount of educational assistance 
which may be provided in any academic year under the Educational 
Assistance Test Program, and the amount of subsistence allowance 
authorized under that program. The adjustment is to be based upon the 
twelve-month increase in the average actual cost of attendance at 
public institutions of higher education. As required by law, the 
Department of Defense has consulted with the Department of Education. 
The Department of Defense has concluded that these costs increased by 
6% in the 1996-97 academic year. Accordingly, this revision changes 38 
CFR 21.5820 and 21.5822 to reflect a 6% increase in the rates payable 
in the 1997-98 academic year.

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553 there is good cause for finding that 
notice and public procedure are impractical, unnecessary, and contrary 
to the public interest and there is good cause for dispensing with a 30 
day delay of the effective date. The rates of subsistence allowance and 
educational assistance payable under the Educational Assistance Test 
Program are determined based on a statutory formula and, in essence, 
the calculation of rates merely constitutes a non-discretionary 
ministerial act.
    The Secretary of Veterans Affairs and the Secretary of Defense have 
certified that these amended regulations 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. Pursuant 
to 5 U.S.C. 605(b), the amended regulations, therefore, are exempt from 
the initial and final regulatory flexibility analyses requirements of 
sections 603 and 604.
    This certification can be made because the amended regulations 
directly affect only individuals. They will have no significant 
economic impact on small entities, i.e., small businesses, small 
private and nonprofit organizations and small governmental 
jurisdictions.
    There is no Catalog of Federal Domestic Assistance number for the 
program affected by these regulations.

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, Loan programs-education, Loan programs-veterans, 
Manpower training programs, Reporting and recordkeeping requirements, 
Schools, Travel and transportation expenses, Veterans, Vocational 
education, Vocational rehabilitation.

    Approved: October 17, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.

    Approved: November 13, 1997.
Normand G. Lezy,
Lieutenant General, USAF, Deputy Assistant Secretary (Military 
Personnel Policy).

    For the reasons set out above, 38 CFR part 21 (subpart H) is 
amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart H--Educational Assistance Test Program

    1. The authority citation for part 21, subpart H, continues to read 
as follows:

    Authority: 10 U.S.C. chapter 107, Pub. L. 96-342.


Sec. 21.5820  [Amended]

    2. In Sec. 21.5820, paragraph (b)(1) is amended by removing ``1996-
97'' and adding, in its place, ``1997-98'', and by removing ``$2,927'' 
and adding, in its place, ``$3,103''; paragraph (b)(2)(ii) is amended 
by removing ``1996-97'' and adding, in its place ``1997-98''; paragraph 
(b)(2)(ii)(A) is amended by removing ``$325.22'' and adding, in its 
place, ``$344.78'', and by removing ``$162.61'' and adding, in its 
place, ``$172.39''; paragraph (b)(2)(ii)(B) is amended by removing 
``$10.84'' and adding, in its place, ``$11.49'', and by removing 
``$5.42'', and adding, in its place, ``$5.75''; paragraph (b)(2)(ii)(C) 
is amended by removing ``increased'' both times it appears and adding, 
in its place, ``decreased''; paragraph (b)(3)(ii) is amended by 
removing ``1996-97'' and adding, in its place, ``1997-98''; paragraph 
(b)(3)(ii)(A) is amended by removing ``$325.22'' and adding, in its 
place, ``$344.78'', and by removing ``$162.61'' and adding, in its 
place, ``$172.39''; paragraph (b)(3)(ii)(B) is amended by removing 
``$10.84'' and adding, in its place ``$11.49'', and by removing 
``$5.42'' and adding, in its place, ``$5.75''; and paragraph 
(b)(3)(ii)(C) is amended by removing ``increased'' both times it 
appears and adding, in its place, ``decreased''.


Sec. 21.5822  [Amended]

    3. In Sec. 21.5822, paragraph (b)(1)(i) is amended by removing 
``$729'' and adding, in its place, ``$773'' and by removing ``1996-97'' 
and adding in its place, ``1997-98''; paragraph (b)(1)(ii) is amended 
by removing ``$364.50'' and adding, in its place, ``$386.50'' and by 
removing ``1996-97'' and adding, in its place, ``1997-98''; paragraph 
(b)(2)(i) is amended by removing ``1996-97'' and adding, in its place, 
``1997-98'' and by removing ``$729'' and adding, in its place, 
``$773''; and paragraph (b)(2)(ii) is amended by removing ``1996-97'' 
and adding, in its place, ``1997-98'' and by removing ``$364.50'', and 
adding, in its place, ``$386.50''.

[FR Doc. 97-31627 Filed 12-2-97; 8:45 am]
BILLING CODE 8320-01-P