66320 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules

beneficiary in applying either

§§ 4022.81 and 4022.82 or §§ 4022.81

and 4022.83, as applicable.

3. Section 4022.82 is amended by

removing the words, ‘‘lump sum’’, in

paragraph (a)(3) and adding, in their

place, the words, ‘‘single payment’’, and

by revising paragraph (a) introductory

text and the heading of paragraph (b) to

read as follows:

§ 4022.82 Method of recoupment.

(a) Future benefit reduction. Unless a

participant or beneficiary elects

otherwise under paragraph (b) of this

section, the PBGC shall recoup

overpayments of benefits in accordance

with this paragraph. The PBGC shall

reduce the amount of each future benefit

payment to which the participant or any

beneficiary is entitled by the fraction

determined under paragraphs (a)(1) and

(a)(2) of this section, except that benefit

reduction will cease when the amount

of the net benefit overpayment is

recouped. Notwithstanding the

preceding sentence, the PBGC may

accept repayment ahead of the

recoupment schedule. Recoupment

under this section constitutes full

repayment of the net benefit

overpayment.

* * * * *

(b) Single payment. * * *

Issued in Washington, D.C. this 12th day

of December, 1997.

David M. Strauss,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 97–33028 Filed 12–17–97; 8:45 am]

BILLING CODE 7708–01–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI88

Veterans’ Education: Effective Date for

Awards of Educational Assistance to

Veterans Who Were Voluntarily

Discharged

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the educational-assistance and

educational-benefit regulations of the

Department of Veterans Affairs (VA). It

proposes to establish effective dates of

awards of educational assistance to

certain voluntarily discharged veterans

who are eligible for the Montgomery GI

Bill—Active Duty (MGIB). The effective

dates are intended to correspond with a

statutory mandate for the effective dates.

The proposed rule also clarifies that

these veterans may not receive

educational assistance for training that

occurs before they pay the Federal

government $1,200.

DATES: Comments must be received on

or before February 17, 1998.

Applicability Dates: It is proposed

that the effective dates be made

retroactive from the effective dates of

the statutory provisions. For more

information concerning the proposed

effective dates, see the SUPPLEMENTARY

INFORMATION section.

ADDRESSES: Mail or hand deliver written

comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW, Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN 2900-AI88.’’ All

written comments will be available for

public inspection at the above address

in the Office of Regulations

Management, Room 1158, between the

hours of 8 a.m. and 4:30 p.m., Monday

through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, 202–273–7187.

SUPPLEMENTARY INFORMATION: This

document clarifies 38 CFR part 21,

subpart K, regarding the effective dates

for awards of educational assistance to

certain voluntarily discharged veterans.

Pub. L. 102–484 (sec. 4404, 38 U.S.C.

3018B) allows a veteran who was

voluntarily separated under either 10

U.S.C. 1174a or 1175 before Oct. 23,

1992, to elect to receive educational

assistance under the Montgomery GI

Bill—Active Duty. The veteran was

given until Oct. 23, 1993, to do so. The

law also requires such a veteran to

submit $1,200 to VA as a condition of

receiving such educational assistance.

However, the law does not specify a

time limit for submitting the $1,200 and

the proposed rule clarifies that there is

no such time limit.

The effective date of an award also is

affected by when VA received the

$1,200. VA is required by 38 U. S. C.

5113 to make the effective dates of the

award of educational assistance, to the

extent feasible, correspond to the

effective dates relating to awards of

disability compensation. The provisions

of 38 U.S.C. 5110 and 5111 contain the

rules for determining the effective date

of an award of disability compensation.

The general intent of 38 U.S.C. 5110 is

to allow the effective date of an award

of compensation to be the day following

the date of discharge if application is

filed within one year after discharge.

Otherwise, the earliest date of the award

shall be the date of receipt of

application. Further, 38 U.S.C. 5103

provides, as to benefit claims generally,

that information or evidence necessary

to complete the claim must be

submitted within one year of the date

requested by VA; otherwise, no benefits

are payable based on that claim.

Accordingly, when payment of the

$1,200 must be made as a condition of

receiving benefits, it is proposed to

establish effective dates for educational

assistance consistent with the

provisions of 38 U.S.C. 5103 and 5110.

The Secretary of Veterans Affairs

hereby certifies that this proposed 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. The proposed rule will affect

individual, not small entities. Therefore,

pursuant to 5 U.S.C. 605(b), this

proposed rule is exempt from the initial

and final regulatory flexibility analyses

requirements of sections 603 and 604.

The Catalog of Federal Domestic

Assistance number for the program

affected by this proposed rule is 64.124.

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, Educational

institutions, Employment, Grant

programs—education, Grant programs—

veterans, Health care, Loan programs—

education, Loan programs—veterans,

Manpower training programs, Reporting

and recordkeeping requirements, Travel

and transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: December 5, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set out above, 38 CFR

part 21, subpart K, is proposed to be

amended as set forth below.

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

1. The authority citation for subpart K

continues to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30 and 36,

unless otherwise noted.

2. In § 21.7131, paragraph (n) is added

to read as follows:

§ 21.7131 Commencing dates.

* * * * *

(n) Eligibility established under

§ 21.7045(c). The effective date of an
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules 66321

1See Amendment of Rules Governing Procedures

To Be Followed When Formal Complaints Are Filed

Against Common Carriers, Report & Order, CC

Docket No. 96–238, FCC 97–396 (rel. Nov. 25, 1997)

(the ‘‘Complaint R&O’’).

award of educational assistance when

the veteran has established eligibility

under § 21.7045(c) is as follows:

(1) If the veteran is not entitled to

receive educational assistance under 38

U.S.C. ch. 32 on the date he or she made

a valid election to receive educational

assistance under 38 U.S.C. ch. 30, the

effective date of the award of

educational assistance will be the latest

of the following.

(i) The commencing date as

determined by paragraphs (a) through

(c) and (f) through (j) of this section; or

(ii) October 23, 1992, provided that

VA received the $1,200 required to be

collected pursuant to § 21.7045(c)(2)

and any other evidence necessary to

establish that the election is valid before

the later of:

(A) October 23, 1993; or

(B) One year from the date VA

requested the $1,200 or the evidence

necessary to establish a valid election;

or

(iii) The date VA received the $1,200

required to be collected pursuant to

§ 21.7045(c)(2) and all other evidence

needed to establish that the election is

valid, if the provisions of paragraph

(n)(1)(ii) of this section are not met.

(2) If the veteran is entitled to receive

educational assistance under 38 U.S.C.

ch. 32 on the date he or she made a

valid election to receive educational

assistance under 38 U.S.C. ch. 30, the

effective date of the award of

educational assistance will be the latest

of the following:

(i) The commencing date as

determined by paragraphs (a) through

(c) and (f) through (j) of this section; or

(ii) The date on which the veteran

made a valid election to receive

educational assistance under 38 U.S.C.

chapter 30 provided that VA received

the $1,200 required to be collected

pursuant to § 21.7045(c)(2) and any

other evidence necessary to establish

that the election is valid before the later

of:

(A) One year from the date VA

received the valid election; or

(B) One year from the date VA

requested the $1,200 or the evidence

necessary to establish a valid election;

or

(iii) The date VA received the $1,200

required to be collected pursuant to

§ 21.7045(c)(2) and all other evidence

needed to establish that the election is

valid, if the provisions of paragraph

(n)(2)(ii) of this section are not met.

(Authority 38 U.S.C. 3018B)

[FR Doc. 97–32989 Filed 12–17–97; 8:45 am]

BILLING CODE 8320–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[CC Docket No. 96–238; DA 97–2178]

Accelerated Docket Procedures for

Formal Complaints Filed Against

Common Carriers

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: On November 25, 1997, the

Commission adopted its Report and

Order in this docket promulgating new,

streamlined rules for handling formal

complaints filed with the Commission

(the ‘‘Complaint R&O’’). In the

Complaint R&O, the Commission

encouraged its staff to explore and use

alternative approaches to complaint

adjudication designed to ensure the

prompt discovery of relevant

information and the full and fair

resolution of disputes in the most

expeditious manner possible. By this

Public Notice, additional comment is

sought on issues relating to the possible

alternative forms of complaint

adjudication that, complementing the

rules recently announced in the

Complaint R&O, ultimately should

redound to the benefit of

telecommunications consumers by

enhancing competition in the relevant

markets. Specifically, comment is

invited regarding the feasibility of

creating an ‘‘Accelerated Docket’’ that

would provide for a 60-day complaint

adjudication process.

DATES: Written comments are due on or

before January 12, 1998.

ADDRESSES: Comments should be sent to

the Office of Secretary, Federal

Communications Commission, 1919 M

Street, N.W., suite 222, Washington,

D.C. 20554. In addition, parties are

asked to submit two copies each of their

comments directly to: (1) The

Enforcement Task Force, Office of

General Counsel, Federal

Communications Commission, Room

650–L, 1919 M Street, N.W.,

Washington, D.C. 20554 and (2)

Enforcement Division, Common Carrier

Bureau, Federal Communications

Commission, Room 6120, 2025 M Street,

N.W., Washington, D.C. 20554. Parties

should also file one copy of any

documents filed in response to this

notice with the Commission’s copy

contractor, International Transcription

Services, Inc., 1231 20th Street, N.W.,

Washington, D.C. 20036.

FOR FURTHER INFORMATION CONTACT:

Jeffrey H. Dygert, Common Carrier

Bureau, Enforcement Division, (202)

418–0960, or Glenn T. Reynolds,

Common Carrier Bureau, (202) 418–

1500.

SUPPLEMENTARY INFORMATION: This is a

summary of the Common Carrier

Bureau’s Public Notice in CC Docket No.

96–238, adopted on December 12, 1997

and released December 12, 1997. The

full text of the Public Notice is available

for inspection and copying during

normal business hours in the FCC

Reference Center, Room 239, 1919 M

Street, N.W., Washington, D.C. 20554.

The complete text of the Public Notice

may also be purchased from the

Commission’s duplicating contractor,

International Transcription Services,

1231 20th Street, N.W., Washington,

D.C. 20036 (202) 857–3800.

Summary of the Public Notice

1. On November 25, 1997, the

Commission adopted its Report and

Order in this docket promulgating new,

streamlined rules for handling formal

complaints filed with the Commission

(the ‘‘Complaint R&O’’).1 By this Public

Notice, the Competition Enforcement

Task Force (the ‘‘Task Force’’) and the

Common Carrier Bureau (the ‘‘Bureau’’)

seek additional comment on issues

relating to the possible alternative,

accelerated forms of complaint

adjudication that would supplement or

provide an alternative to the procedures

set out in the Complaint R&O.

2. Specifically, the Task Force and the

Bureau currently are evaluating whether

the needs of some industry participants

better could be met by an ‘‘Accelerated

Docket’’ for complaint adjudication that

would (1) provide for the presentation

of live evidence and argument in a

hearing-type proceeding and (2) operate

on a 60-day time frame, or on some

other schedule that is more compressed

than that applicable more generally to

complaint proceedings under the new

procedures set out in the Complaint

R&O.

3. The Accelerated Docket would

serve as a hearing-style alternative to the

normal process for resolution of formal

complaints, administered by the

Bureau’s Enforcement Division, which

relies primarily on the parties’

presentation of arguments on paper. To

the extent possible, Accelerated Docket

proceedings would be governed by the

requirements announced in the

Complaint R&O. In accordance with the

Commission’s authority under sections

1, 4, 201–205, 208, 215, 218 and 220 of