23408 Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules

IV. Procedural Determinations

Executive Order 12866

This proposed rule is exempted from

review by the Office of Management and

Budget (OMB) under Executive Order

12866 (Regulatory Planning and

Review).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, this rule meets the applicable

standards of subsections (a) and (b) of

that section. However, these standards

are not applicable to the actual language

of State regulatory programs and

program amendments since each such

program is drafted and promulgated by

a specific State, not by OSM. Under

sections 503 and 505 of SMCRA (30

U.S.C. 1253 and 1255) and 30 CFR

730.11, 732./15, and 732.17(h)(10),

decisions on proposed State regulatory

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

Unfunded Mandates

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 943

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 20, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 98–11282 Filed 4–28–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AH76

Claims and Effective Dates for the

Award of Educational Assistance

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and 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 a standard for determining

what constitutes a formal claim, an

informal claim, and an abandoned claim

that can be applied uniformly to the

educational assistance programs VA

administers. In addition, it proposes less

restrictive effective dates for awards of

educational assistance; proposes

uniform time limits for acting to

complete claims; and proposes to state

VA’s responsibilities when a claim is

filed. It appears that this rule will result

in a more uniform adjudication of

claims for educational assistance under

each of the education programs VA

administers.

DATES: Comments must be received on

or before June 29, 1998.

ADDRESSES: Mail or hand deliver written

comments to Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Avenue NW., Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN 2900–AH76.’’ All

written comments received 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).

Comments on the collection of

information contained in this proposal

should be submitted to the Office of

Management and Budget, Attention:

Desk Officer for the Department of

Veterans Affairs, Office of Information

and Regulatory Affairs, Washington, DC

20503, with copies mailed or hand

delivered to the Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Avenue NW., Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN 2900–AH76.’’ All

written comments to VA 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:

William G. Susling, Jr., Education

Adviser, Education Service (225C),

Veterans Benefits Administration, (202)

273–7187.

SUPPLEMENTARY INFORMATION:

Regulations concerning VAadministered educational assistance and

educational benefits are contained in 38

CFR Part 21. Rules governing time limits

for filing claims or completing claims

are contained in subparts B, C, G, H, K,

and L. Each rule is applicable to one of

the educational programs VA

administers. Although there is no

statutory reason why the rules could not

be identical, they are not. This proposed

rule would put one set of regulations

concerning time limits in subpart B and

apply them to all the educational

programs VA administers. This would

result in the following changes.

Regulations governing the PostVietnam Era Veterans’ Educational

Assistance Program (VEAP) do not

permit extension of time limits to act to

perfect a claim or to challenge an
Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules 23409

adverse VA decision. An extension is

permitted in the regulations governing

the Survivors’ and Dependents’

Educational Assistance program (DEA),

the Montgomery GI Bill—Active Duty

(MGIB), and the Montgomery GI Bill—

Selected Reserve (MGIB–SR). There

appears to be no reason why VEAP

should be treated differently from the

other education programs VA

administers since 38 U.S.C. chapter 51

is the basis for having time limits in

each of these programs. This proposed

rule would permit the same extension of

the time limits to perfect a claim or to

challenge an adverse decision in VEAP

as exists in other programs.

The regulations governing the

Educational Assistance Test Program

(EATP) and those governing MGIB–SR

do not provide that VA’s failure to

notify a claimant of the time limit to

complete a claim or to act to challenge

an adverse VA decision will extend the

time limits for taking those actions. The

regulations governing VEAP, DEA, and

MGIB provide such an automatic

extension. It does not appear that there

is a valid reason to retain the different

rule for EATP and MGIB–SR, since VA’s

failure to notify a claimant under these

programs would have an adverse effect

equal to a similar failure in the other

three programs. This proposed rule

would provide EATP and MGIB–SR

with an automatic extension of the time

limit on the same basis as has been

provided in VEAP.

Current regulations use terms related

to the filing of claims, such as ‘‘informal

claim’’ that are not fully defined. This

lack of definition would be corrected in

this rule through the adding of

definitions to subpart B. These

definitions are as follows.

Proposed § 21.1029(a) defines an

abandoned claim either as one where

VA has asked for evidence, and the

claimant does not furnish the evidence

within one-year or does not show good

cause why the one year time limit could

not be met; or one based on an informal

claim where VA has requested a formal

claim but has not either received one

within one year of the request or the

claimant has not shown good cause why

the claim could not be submitted within

a year of the request. This definition is

based upon 38 U.S.C. 5103(a) which

provides that if VA asks a claimant to

complete a claim, and the claimant does

not do so within a year, no benefits are

payable based on that claim. While the

statute does not label the claim an

abandoned claim, in fact, it has been

abandoned. It would appear that this

definition is appropriate.

Further, the regulations regarding a

claim for educational assistance under

MGIB state at § 21.7032(c) that a

reactivated claim after abandonment

constitutes a new claim. However, at

§ 21.7131(d) the regulations describe

such a reactivated claim as a reopened

claim. Since the effective date of

benefits would relate to the new claim,

it seems more appropriate to describe a

reactivated claim after abandonment as

a new claim. Accordingly, the

regulations would be amended to

consistently describe a reactivated claim

after abandonment as a new claim.

Proposed § 21.1029(c) defines a

formal claim as one that has been made

in the form prescribed by the Secretary

of Veterans Affairs (or designee)

including one that is a claim for an

increase in educational assistance as the

result of an increase in the number of

dependents, or one that is a claim for an

extension of the eligibility period to

receive educational assistance. 38 U.S.C.

5101(a) states that claimants are

required to file claims on the form

prescribed by the Secretary. Again, the

statute does not label this as a formal

claim, but it would appear that this is

a reasonable definition. Such a

definition would eliminate the need to

repeat the statutory language whenever

the regulations need to refer to the

action required by 38 U.S.C. 5101.

The proposed rule defines an informal

claim as one where the claimant, a

representative, or a Member of Congress

indicates a desire on the part of the

claimant to receive educational

assistance, but also states that the mere

act of enrolling in an approved school

is not an informal claim. This definition

is based upon the discussion of informal

claims contained in §§ 21.1031, 21.3031,

and 21.7030(b). By permitting informal

claims, VA is able to base effective dates

upon them. It appears that the definition

is consistent with past practice and will

provide an equitable way to determine

a claimant’s date of claim.

Finally, the term ‘‘VA’’ in this

proposed rule is defined as the United

States Department of Veterans Affairs.

This abbreviation is used with this

meaning throughout this subpart,

without being defined. It appears that to

do so would eliminate any confusion

caused by the use of this term.

Receipt of a formal claim for benefits

from an individual and receipt of an

enrollment certification from his or her

school verifying the individual’s actual

pursuit of a program of education are

necessary prerequisites to the award of

educational assistance to the individual.

The regulations governing the effective

dates for awards of educational

assistance generally provide that the

commencing date of an award will be

the later of one year before the date of

receipt of the claim or one year before

the date of receipt of the enrollment

certification from the school. These

regulations were adopted when the

normal method of receiving the

enrollment certification was through the

mails. Today, VA receives many

enrollment certifications electronically.

Delays in receipt of the certification are

not the fault of the Postal Service, but

rather the educational institution. Since

it appears that certification of

enrollment is not under the veteran’s

control, this proposed rule would revise

the regulations governing effective dates

to eliminate this provision. The

proposal would base effective dates on

the date of claim, without regard to

receipt of the enrollment certification.

This document also would amend

§ 21.7631 to reflect statutory

requirements for effective dates for

awards of educational assistance for

MGIB–SR.

The Department of Defense (DOD) is

issuing this proposal jointly with VA

insofar as it relates to VEAP and EATP.

These programs are funded by DOD and

administered by VA. DOD, the

Department of Transportation (Coast

Guard), and VA are jointly issuing this

proposal insofar as it relates to the

MGIB–SR. This program is funded by

DOD and the Coast Guard, and is

administered by VA. The remainder of

this proposal is issued solely by VA.

Paperwork Reduction Act of 1995

The Office of Management and Budget

(OMB) has determined that the

proposed 38 CFR 21.1030 would

constitute a collection of information

under the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520).

Accordingly, under section 3507(d) of

the Act VA has submitted a copy of this

rulemaking action to OMB for its

review. OMB assigns control numbers to

collections of information it approves.

VA may not conduct or sponsor, and a

person is not required to respond to, a

collection of information unless it

displays a currently valid OMB control

number.

Title: Claim for Educational

Assistance.

Summary of collection of information:

The provisions of the proposed

§ 21.1030 would restate a statutory

requirement (38 U.S.C. 5101(a)) that

provides that no benefits may be paid or

furnished to an individual until VA

receives from the individual a claim for

the benefit sought in the form

prescribed by the Secretary. The

proposed regulation adds language as to

what information needs to be included

in a claim.
23410 Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules

Description of need for information

and proposed use of information: The

claim required in the proposed 38 CFR

21.1030 helps VA determine who is

eligible for DEA, EATP, VEAP, MGIB,

and MGIB–SR.

Description of likely respondents: The

respondents will be individuals who

wish to receive educational assistance

from VA for pursuit of a program of

education.

Estimated number of respondents:

345,048.

Estimated frequency of responses:

Occasionally, when an individual wants

to pursue a new program of education.

Estimated total annual reporting and

recordkeeping burden: 178,484 hours of

reporting burden. VA estimates that

there would be no additional

recordkeeping burden imposed.

Estimated average burden per

respondent: 31 minutes.

The Department considers comments

by the public on proposed collections of

information in—

• Evaluating whether the proposed

collection(s) of information are

necessary for the proposed performance

of the functions of the Department,

including whether the information will

have practical utility;

• Evaluating the accuracy of the

Department’s estimate of the burden of

the proposed collections of information,

including the validity of the

methodology and assumptions used;

• Enhancing the quality, usefulness,

and clarity of the information to be

collected; and

• Minimizing the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submission of

responses.

OMB is required to make a decision

concerning the collection of information

contained in this proposed rule between

30 and 60 days after publication of this

document in the Federal Register.

Therefore, a comment to OMB is best

assured of having its full effect if OMB

receives it within 30 days of

publication. This does not affect the

deadline for the public to comment on

the proposed regulation.

The signers of this document hereby

certify 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 only

individuals and will not directly affect

any 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 602 and 604.

The Catalog of Federal Domestic

Assistance number for the programs

affected by this proposed rule are

64.117, 64.120, and 64.124. This

proposed rule will affect the

Montgomery GI Bill—Selected Reserve

which has no Catalog of Federal

Domestic Assistance number.

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 programseducation, Grant programs-veterans,

Health care, Loan programs-education,

Loan programs-veterans, Manpower

training programs, Reporting and

recordkeeping requirements, Schools,

Travel and transportation expenses,

Veterans, Vocational education,

Vocational rehabilitation.

Approved: April 22, 1998.

Togo D. West, Jr.,

Acting Secretary.

Approved: March 18, 1998.

Normand G. Lezy,

Lieutenant General, USAF, Deputy Assistant

Secretary (Military Personnel Policy),

Department of Defense.

Approved: February 26, 1998.

G. F. Woolever,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Human Resources.

For the reasons set out above, 38 CFR

part 21 (subparts B, C, D, G, H, K, and

L) is proposed to be amended as set

forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart B—Claims and Applications

for Educational Assistance

1. The authority citation for part 21,

subpart B continues to read as follows:

Authority: 38 U.S.C. 501(a), 38 U.S.C.

chapter 51, unless otherwise noted.

2. Section 21.1029 is added, to read as

follows:

§ 21.1029 Definitions.

These definitions apply to this

subpart, and to subparts C, D, G, H, K,

and L of this part.

(a) Abandoned claim. A claim is an

abandoned claim if:

(1) In connection with a formal claim

VA requests that the claimant furnish

additional evidence, and the claimant—

(i) Does not furnish that evidence

within one year of the date of the

request; and

(ii) Does not show good cause why the

evidence could not have been submitted

within one year of the date of the

request; or

(2) In connection with an informal

claim, VA requests a formal claim,

and—

(i) VA does not receive the formal

claim within one year of the date of

request; and

(ii) The claimant does not show good

cause why he or she could not have

filed the formal claim in sufficient time

for VA to have received it within one

year of the date of the request.

(Authority: 38 U.S.C. 5103(a))

(b) Date of claim. The date of claim

is the date on which a valid claim or

application for educational assistance is

considered to have been filed with VA,

for purposes of determining the

commencing date of an award of that

educational assistance.

(1) If an informal claim is filed and

VA receives a formal claim within one

year of the date VA requested it, or

within such other period of time as

provided by § 21.1032, the date of claim,

subject to the provisions of paragraph

(b)(3) of this section, is the date VA

received the informal claim.

(2) If a formal claim is filed other than

as described in paragraph (b)(1) of this

section, the date of claim, subject to the

provisions of paragraph (b)(3) of this

section, will be the date VA received the

formal claim.

(3) If a formal claim itself is

abandoned and a new formal or

informal claim is filed, the date of claim

will be as provided in paragraph (b)(1)

or (b)(2) of this section, as appropriate.

(Authority: 38 U.S.C. 5103)

(c) Formal claim. A claim is a formal

claim when the claimant (or his or her

authorized representative) files the

claim with VA, and—

(1) The claim is a claim for—

(i) Educational assistance;

(ii) An increase in educational

assistance; or

(iii) An extension of the eligibility

period for receiving educational

assistance; and

(2) If there is a form (either paper or

electronic) prescribed by the Secretary

of Veterans Affairs or his or her

designee, the claim is filed on that form.

(Authority: 38 U.S.C. 5101(a))

(d) Informal claim. (1) If the Secretary

of Veterans Affairs has prescribed a

form (either paper or electronic) to use

in claiming the benefit sought, the term

informal claim means—
Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules 23411

(i) Any communication from an

individual, or from an authorized

representative or a Member of Congress

on that individual’s behalf that indicates

a desire on the part of the individual to

claim or to apply for VA-administered

educational assistance; or

(ii) A claim from an individual or

from an authorized representative on

that individual’s behalf for a benefit

described in paragraph (c)(1) of this

section that is filed in a document other

than in the prescribed form.

(2) If the Secretary of Veterans Affairs

has not prescribed a form (either paper

or electronic) to use in claiming the

benefit sought, the term informal claim

means any communication, other than a

formal claim, from an individual, or

from an authorized representative or a

Member of Congress on that individual’s

behalf that indicates a desire on the part

of the individual to claim or to apply for

VA-administered educational

assistance.

(3) When VA requests evidence in

connection with a claim, and the

claimant submits that evidence to VA

after having abandoned the claim, the

claimant’s submission of the evidence is

an informal claim.

(4) The act of enrolling in an

approved school is not an informal

claim.

(5) VA will not consider a

communication received from a service

organization, an attorney, or agent to be

an informal claim if a valid power of

attorney, executed by the claimant, is

not in effect at the time the

communication is written.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C.

3034(a), 3241(a), 3471, 3513, 5101(a), 5102,

5901)

(e) VA. The term VA means the

United States Department of Veterans

Affairs.

(Authority: 38 U.S.C. 301)

3. Section 21.1030 is revised to read

as follows:

§ 21.1030 Claims.

An individual must file a formal

claim for educational assistance for

pursuit of a program of education,

indicating the proposed place of

training, the school or training

establishment, the objective of the

program of education, and such other

information as the Secretary may

require. A servicemember also must

consult with his or her service

education officer before filing a formal

claim for educational assistance.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C.

3034(a), 3241(a), 3471, 3513, 5101(a))

4. Section 21.1031 is revised to read

as follows.

§ 21.1031 VA responsibilities when a claim

is filed.

(a) VA will furnish forms. VA will

furnish all necessary claim forms,

instructions, and, if appropriate, a

description of any supporting evidence

required upon receipt of an informal

claim.

(Authority: 38 U.S.C. 5102)

(b) Request for additional evidence. If

a formal claim for educational

assistance is incomplete, or if VA

requires additional evidence or

information to adjudicate the claim, VA

will notify the claimant of the evidence

and/or information necessary to

complete or adjudicate the claim and of

the time limit provisions of § 21.1032(a).

(Authority: 38 U.S.C. 5103)

5. § 21.1032 is revised to read as

follows:

§ 21.1032 Time limits.

The provisions of this section are

applicable to informal claims and

formal claims.

(a) Failure to furnish form,

information, or notice of time limit.

VA’s failure to give a claimant or

potential claimant any form or

information concerning the right to file

a claim or to furnish notice of the time

limit for the filing of a claim will not

extend the time periods allowed for

these actions.

(Authority: 38 U.S.C. 5101, 5113)

(b) Notice of time limit for filing

evidence. If a claimant’s claim is

incomplete, VA will notify the claimant

of the evidence necessary to complete

the claim. Unless payment of

educational assistance is permitted by

paragraph (e) of this section, if the

evidence is not received within one year

from the date of such notification, VA

will not pay educational assistance by

reason of that claim.

(Authority: 38 U.S.C. 5103)

(c) Time limit for filing a claim for an

extended period of eligibility under 38

U.S.C. chapter 30, 32, or 35. VA must

receive a claim for an extended period

of eligibility provided by §§ 21.3047,

21.5042, or 21.7051 by the later of the

following dates.

(1) One year from the date on which

the spouse’s, surviving spouse’s, or

veteran’s original period of eligibility

ended; or

(2) One year from the date on which

the spouse’s, surviving spouse’s, or

veteran’s physical or mental disability

no longer prevented him or her from

beginning or resuming a chosen

program of education.

(Authority: 38 U.S.C. 3031(d), 3232(a), 3512)

(d) Time limit for filing for an

extension of eligibility due to

suspension of program (38 U.S.C.

chapter 35). VA must receive a claim for

an extended period of eligibility due to

a suspension of an eligible child’s

program of education as provided in

§ 21.3043 by the later of the following

dates.

(1) One year from the date on which

the child’s original period of eligibility

ended; or

(2) One year from the date on which

the condition that caused the

suspension of the program of education

ceased to exist.

(Authority: 38 U.S.C. 3512(c))

(e) Extension for good cause. (1) VA

may extend for good cause a time limit

within which a claimant or beneficiary

is required to act to perfect a claim or

challenge an adverse VA decision. VA

may grant such an extension only when

the following conditions are met:

(i) When a claimant or beneficiary

requests an extension after expiration of

a time limit, he or she must take the

required action concurrently with or

before the filing of that request; and

(ii) The claimant or beneficiary must

show good cause as to why he or she

could not take the required action

during the original time period and

could not have taken the required action

sooner.

(2) Denials of time limit extensions

are separately appealable issues.

(Authority: 38 U.S.C. 5101, 5113)

(f) Computation of time limit. (1) In

computing the time limit for any action

required of a claimant or beneficiary,

including the filing of claims or

evidence requested by VA, VA will

exclude the first day of the specified

period, and will include the last day.

This rule is applicable in cases in which

the time limit expires on a workday.

When the time limit would expire on a

Saturday, Sunday, or holiday, the VA

will include the next succeeding day in

the computation.

(2) The first day of the specified

period referred to in paragraph (f)(1) of

this section will be the date of the letter

of notification to the claimant or

beneficiary for purposes of computing

time limits. As to appeals, see §§ 20.302

and 20.305 of this chapter.

(Authority: 38 U.S.C. 501(a))

Subpart C—Survivors’ and

Dependents’ Educational Assistance

Under 38 U.S.C. Chapter 35

6. The authority citation for subpart C

continues to read as follows:

Authority: 38 U.S.C. 501(a), 512, 3500–

3566, unless otherwise noted.
23412 Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules

§ 21.3021 [Amended]

7. In § 21.3021, paragraph (m) is

amended by removing ‘‘§ 21.4200’’, and

adding, in its place, ‘‘§§ 21.1029 and

21.4200’’.

8. Section 21.3030 is revised to read

as follows:

§ 21.3030 Claims.

The provisions of subpart B of this

part apply with respect to submission of

a claim for educational assistance under

38 U.S.C. chapter 35, VA actions upon

receiving a claim, and time limits

connected with claims.

(Authority: 38 U.S.C. 3513, 5101, 5102, 5103)

9. Sections 21.3031 and 21.3032 are

removed.

Subpart D—Administration of

Educational Assistance Programs

10. The authority citation for subpart

D continues to read as follows:

Authority: 10 U.S.C. ch. 1606, 38 U.S.C.

501(a), chs. 30, 32, 34, 35, 36, unless

otherwise noted.

11. In § 21.4131, the introductory text

and paragraphs (a) and (d) are revised,

to read as follows:

§ 21.4131 Commencing dates.

VA will determine the commencing

date of an award or increased award of

educational assistance under this

section. When more than one paragraph

in this section applies, VA will award

educational assistance using the latest of

the applicable commencing dates.

(a) Entrance or reentrance including

change of program or educational

institution: individual eligible under 38

U.S.C. chapter 32. When an eligible

veteran or servicemember enters or

reenters into training (including a

reentrance following a change of

program or educational institution), the

commencing date of his or her award of

educational assistance will be

determined as follows:

(1) If the award is the first award of

educational assistance for the program

of education the veteran or

servicemember is pursuing, the

commencing date of the award of

educational assistance is the latest of:

(i) The date the educational

institution certifies under paragraph (b)

or (c) of this section;

(ii) One year before the date of claim

as determined by § 21.1029(b);

(iii) The effective date of the approval

of the course, or one year before the date

VA receives the approval notice,

whichever is later; or

(2) If the award is the second or

subsequent award of educational

assistance for the program of education

the veteran or servicemember is

pursuing, the effective date of the award

of educational assistance is the later

of—

(i) The date the educational

institution certifies under paragraph (b)

or (c) of this section; or

(ii) The effective date of the approval

of the course, or one year before the date

VA receives the approval notice,

whichever is later.

(Authority: 38 U.S.C. 3672, 5103, 5110(b),

5113)

* * * * *

(d) Entrance or reentrance including

change of program or educational

institution: individual eligible under 38

U.S.C. chapter 35. When a person

eligible to receive educational assistance

under 38 U.S.C. chapter 35 enters or

reenters into training (including a

reentrance following a change of

program or educational institution), the

commencing date of his or her award of

educational assistance will be

determined as follows:

(1) If the award is the first award of

educational assistance for the program

of education the eligible person is

pursuing, the commencing date of the

award of educational assistance is the

latest of:

(i) The beginning date of eligibility as

determined by § 21.3041(a) or (b) or by

§ 21.3046(a) or (b), whichever is

applicable;

(ii) One year before the date of claim

as determined by § 21.1029(b);

(iii) The date the educational

institution certifies under paragraph (b)

or (c) of this section;

(iv) The effective date of the approval

of the course, or one year before the date

VA receives the approval notice,

whichever is later; or

(2) If the award is the second or

subsequent award of educational

assistance for that program, the effective

date of the award of educational

assistance is later of—

(i) The date the educational

institution certifies under paragraph (b)

or (c) of this section; or

(ii) The effective date of the approval

of the course, or one year before the date

VA receives the approval notice,

whichever is later.

(Authority: 38 U.S.C. 3014, 3023, 3034, 3672,

5103)

Subpart G—Post-Vietnam Era

Veterans’ Educational Assistance

Under 38 U.S.C. Chapter 32

12. The authority citation for subpart

G continues to read as follows:

Authority: 38 U.S.C. 501(a), ch. 32, unless

otherwise noted.

13. In § 21.5030, the heading for the

section and paragraph (c) introductory

text, are revised; paragraphs (c)(1),

(c)(2), and (c)(3) are redesignated as

paragraphs (c)(2), (c)(3), and (c)(4),

respectively; a new paragraph (c)(1) is

added; and a newly redesignated

paragraph (c)(3) is revised, to read as

follows:

§ 21.5030 Applications, claims, and time

limits.

* * * * *

(c) The provisions of the following

sections shall apply to claims for

educational assistance under 38 U.S.C.

chapter 32:

(1) Section 21.1029—Definitions.

* * * * *

(3) Section 21.1031—VA

responsibilities when a claim is filed.

* * * * *

14. In § 21.5130, paragraph (a) is

amended by removing ‘‘dates’’, and

adding, in its place, ‘‘dates (except

paragraph (d))’’.

Subpart H—Educational Assistance

Test Program

15. The authority citation for subpart

H continues to read as follows:

Authority: 10 U.S.C. ch. 107; 38 U.S.C.

501(a), 3695, 5101, 5113, 5303A, 42 U.S.C

2000; sec. 901, Pub. L. 96–342, 94 Stat. 1111–

1114, unless otherwise noted.

16. Section 21.5730 is revised to read

as follows:

§ 21.5730 Applications, claims, and time

limits.

The provisions of subpart B of this

part apply with respect to claims for

educational assistance under the

educational program described in

§ 21.5701, VA actions upon receiving a

claim, and time limits connected with

claims.

(Authority: 10 U.S.C. 2141, 2149, 38 U.S.C.

5101, 5102, 5103)

§ 21.5732 [Removed]

17. Section 21.5732 is removed.

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

18. 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.

19. In § 21.7020, the introductory text

is revised, to read as follows:

§ 21.7020 Definitions.

For the purposes of regulations from

§ 21.7000 through § 21.7499 and the

payment of basic educational assistance
Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules 23413

and supplemental educational

assistance under 38 U.S.C. chapter 30,

the following definitions apply. (See

also additional definitions in § 21.1029).

* * * * *

20. Section 21.7030 is revised to read

as follows:

§ 21.7030 Applications, claims, and time

limits.

The provisions of subpart B, of this

part apply with respect to claims for

educational assistance under 38 U.S.C.

chapter 30, VA actions upon receiving

a claim, and time limits connected with

claims.

(Authority: 38 U.S.C. 3018B, 3034(a), 3471,

5101, 5102, 5103)

21. In § 21.7032, paragraphs (b), (c),

(d), and (e) are removed; paragraph (f)

is redesignated as paragraph (b); and the

section heading and paragraph (a) are

revised to read as follows:

§ 21.7032 Time limits for making elections.

(a) Scope of this section. The

provisions of this section are applicable

to certain elections to receive

educational assistance under 38 U.S.C.

ch. 30. For time limits governing formal

and informal claims for educational

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

§ 21.1032.

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

* * * * *

§ 21.7051 [Amended]

22. In § 21.7051, paragraph (a)(1) is

amended by removing ‘‘§ 21.7032(e) of

this part’’ and adding, in its place,

‘‘§ 21.1032(c)’’.

23. In § 21.7131, the introductory text

is revised; paragraph (e)(1)(iii) is

amended by removing ‘‘subdivision

(ii)(B) of this subparagraph’’ and adding,

in its place, ‘‘paragraph (e)(1)(ii)(B) of

this section’’; paragraph (d) is removed

and reserved; paragraph (e)(2)(i)

introductory text is removed;

paragraphs (e)(2)(i)(A), (e)(2)(i)(B), and

(e)(2)(i)(C) are redesignated as a new

(e)(2)(i), (e)(2)(ii), and (e)(2)(iii),

respectively; and paragraph (a) is

revised to read as follows:

§ 21.7131 Commencing dates.

VA will determine the commencing

date of an award or increased award of

educational assistance under this

section. When more than one paragraph

in this section applies, VA will award

educational assistance using the latest of

the applicable commencing dates.

(a) Entrance or reentrance including

change of program or educational

institution. When an eligible veteran or

servicemember enters or reenters into

training (including a reentrance

following a change of program or

educational institution), the

commencing date of his or her award of

educational assistance will be

determined as follows:

(1) If the award is the first award of

educational assistance for the program

of education the veteran or

servicemember is pursuing, the

commencing date of the award of

educational assistance is the latest of:

(i) The date the educational

institution certifies under paragraph (b)

or (c) of this section;

(ii) One year before the date of claim

as determined by § 21.1029(b);

(iii) The effective date of the approval

of the course, or one year before the date

VA receives the approval notice

whichever is later; or

(2) If the award is the second or

subsequent award of educational

assistance for the program of education

the veteran or servicemember is

pursuing, the effective date of the award

of educational assistance is later of—

(i) The date the educational

institution certifies under paragraph (b)

or (c) of this section; or

(ii) The effective date of the approval

of the course, or one year before the date

VA receives the approval notice,

whichever is later.

(Authority: 38 U.S.C. 3014, 3023, 3034, 3672,

5103, 5110(b), 5113)

* * * * *

Subpart L—Educational Assistance for

Members of the Selected Reserve

24. The authority citation for subpart

L continues to read as follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501, unless otherwise noted.

25. In § 21.7520, the introductory text

is revised, to read as follows:

§ 21.7520 Definitions.

For the purposes of regulations from

§ 21.7500 through § 21.7999, governing

the administration and payment of

educational assistance under 10 U.S.C.

chapter 1606, the Selected Reserve

Educational Assistance Program, the

following definitions apply. (See also

additional definitions in § 21.1029).

* * * * *

26. Section 21.7530 is revised to read

as follows:

§ 21.7530 Applications, claims, and time

limits.

The provisions of subpart B of this

part apply with respect to claims for

educational assistance under 10 U.S.C.

chapter 1606, VA actions upon

receiving a claim, and time limits

connected with claims.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C.

3472)

§ 21.7532 [Removed]

27. Section 21.7532 is removed.

28. In § 21.7631, paragraph (d) is

removed; paragraphs (e), (f), (g) and (h)

are redesignated as paragraphs (d), (e),

(f), and (g) respectively; and the

introductory text and paragraph (a) are

revised, to read as follows:

§ 21.7631 Commencing dates.

VA will determine the commencing

date of an award or increased award of

educational assistance under this

section. When more than one paragraph

in this section applies, VA will award

educational assistance using the latest of

the applicable commencing dates.

(a) Entrance or reentrance including

change of program or educational

institution. When an eligible reservist

enters or reenters into training

(including a reentrance following a

change of program or educational

institution), the commencing date of his

or her award of educational assistance

will be determined as follows:

(1) If the award is the first award of

educational assistance for the program

of education the reservist is pursuing,

the commencing date of the award of

educational assistance is the latest of:

(i) The date the educational

institution certifies under paragraph (b)

or (c) of this section;

(ii) One year before the date of claim

as determined by § 21.1029(b);

(iii) The effective date of the approval

of the course, or one year before the date

VA receives the approval notice

whichever is later; or

(2) If the award is the second or

subsequent award of educational

assistance for the program of education

the reservist is pursuing, the effective

date of the award of educational

assistance is the later of—

(i) The date the educational

institution certifies under paragraph (b)

or (c) of this section; or

(ii) The effective date of the approval

of the course, or one year before the date

VA receives the approval notice,

whichever is later.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C.

3672, 5103)

* * * * *

[FR Doc. 98–11295 Filed 4–28–98; 8:45 am]

BILLING CODE 8320–01–P