Federal Register / Vol. 63, No. 120 /Tuesday, June 23, 1998 /Rules and Regulations 34131

instruction, instruction by flight training

device, flight simulator instruction, and

ground school training. Ground school

training may be given through a ground

school facility operated jointly by two or

more flight schools in the same locality;

and

(2) The responsibility for providing

the instruction lies with the flight

school. The degree of affiliation between

the flight school and the entity or other

school that actually does the instructing

must be such that all charges for

instruction are made by, and paid to,

one entity having jurisdiction and

control over both the flight and ground

portions of the program.

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

3032(d), 3241(b))

(h) Nonaccredited courses. (1)

Application of § 21.4254 to flight

training. The provisions of § 21.4254 are

applicable to approval of flight training

courses.

(2) Additional instruction

requirements. The State approving

agency will apply the following

additional requirements to a flight

course:

(i) All flight instruction, instruction

by flight training device, flight simulator

instruction, preflight briefings and

postflight critiques, and ground school

training in a course must be given by the

flight school or under suitable

arrangements between the school and

another school or entity such as a local

community college.

(ii) All ground school training

connected with the course must be in

residence under the direction and

supervision of a qualified instructor

providing an opportunity for interaction

between the students and the instructor.

Simply making provision for having an

instructor available to answer questions

does not satisfy this requirement.

(Authority: 38 U.S.C. 3676)

(i) * * *

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

3002(3), 3202(2), 3452(b))

(1) * * *

(iii) The maximum number of hours

of instruction by flight simulator or

flight training device that a State

approving agency may approve is the

maximum number of hours of

instruction by flight simulator or flight

training device permitted by 14 CFR

part 61 for that course when:

(A) A course is offered in whole or in

part by flight simulator or flight training

device conducted by a training center

certificated under 14 CFR part 142; and

(B) 14 CFR part 61 contains a

maximum number of hours of

instruction by flight simulator or flight

training device that may be credited

toward the requirements of the rating or

certificate that is the objective of the

course.

(iv) If a course is offered in whole or

in part by flight simulator or flight

training device, and the course is not

described in paragraph (i)(1)(iii) of this

section, either because the course is

offered by a flight training center with

a grant of exemption letter, or because

14 CFR part 61 does not contain a

maximum number of hours of

instruction by flight simulator or flight

training device, the maximum number

of hours of instruction by flight

simulator or flight training device that

may be approved may not exceed the

number of hours in the Federal Aviation

Administration-approved outline.

(Authority: 10 U.S.C. 16131(g); 38 U.S.C.

3032(f), 3231(f))

(2) * * *

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

3002(3), 3202(2), 3452(b))

(3) * * *

(Authority: 10 U.S.C. 16131(f)(4); 16136(c),

38 U.S.C. 3002(3), 3032(f)(4), 3202(2),

3231(f)(4), 3452(b))

(4) * * *

(Authority: 10 U.S.C. 16131(f)(4); 38 U.S.C.

3032(f)(4), 3231(f)(4))

(j) * * *

(1) * * *

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

3034(d), 3241(c), 3690(a)(1))

(2) * * *

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

3034(d), 3241(c), 3690(a)(1))

(3) * * *

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

3034(d), 3241(c), 3690(a)(1))

(4) * * *

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

3034(d), 3241(c), 3690(a)(1))

(k) * * *

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

U.S.C. 3034(d), 3672(a))

(l) Enrollment limitations. A flight

course must meet the 85–15 percent

ratio requirement set forth in § 21.4201

before VA may approve new

enrollments in the course. The

contracted portion of a flight course

must meet all the requirements of

§ 21.4201 for each subcontractor.

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

3034(d), 3241(c), 3680A(d))

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

7. The authority for part 21, subpart

K continues to read as follows:

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

unless otherwise noted.

8. In § 21.7220, paragraph (c) is

amended by removing ‘‘Flight training

when administering’’ and adding, in its

place, ‘‘when approving’.

[FR Doc. 98–16579 Filed 6–22–98; 8:45 am]

BILLING CODE 8320–01–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: Final rule.

SUMMARY: This document amends the

educational-assistance and educationalbenefit regulations of the Department of

Veterans Affairs (VA). It establishes

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 correspond

with a statutory mandate for the

effective dates. The final rule also

clarifies that these veterans may not

receive educational assistance for

training that occurs before they pay the

Federal government $1,200.

DATES: Effective Date: July 23, 1998.

Applicability Dates: The effective

dates are retroactive from the effective

dates of the statutory provisions.

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Education

Advisor, Education Service (225C),

Veterans Benefits Administration,

Department of Veterans Affairs, (202)

273–7187.

SUPPLEMENTARY INFORMATION: In a

document published in the Federal

Register on December 18, 1997 (62 FR

66320), VA proposed to amend the ‘‘All

Volunteer Force Educational Assistance

Program (Montgomery GI Bill—Active

Duty)’’ regulations as set forth in the

SUMMARY portion of this document.

Interested persons were given 60 days

to submit comments. No comments

were received. Based on the rationale

set forth in the proposed rule, we are
34132 Federal Register / Vol. 63, No. 120 /Tuesday, June 23, 1998 /Rules and Regulations

adopting the provisions of the proposed

rule as a final rule.

The Secretary of Veterans Affairs

hereby certifies that this final 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

final rule directly affects only

individuals and does not directly affect

small entities. Therefore, pursuant to 5

U.S.C. 605(b), this final rule is exempt

from the initial and final regulatory

flexibility analyses requirements of

§§ 603 and 604.

The Catalog of Federal Domestic

Assistance number for the program

affected by this final 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: May 8, 1998.

Togo D. West, Jr.,

Secretary.

For the reasons set out above, 38 CFR

part 21, subpart K, is amended as set

forth below.

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

1. The authority citation for part 21,

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, paragraphs (l) and (m)

are reserved, and paragraph (n) is added

to read as follows:

§ 21.7131 Commencing dates.

* * * * *

(n) Eligibility established under

§ 21.7045(c). The effective date of an

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. 98–16601 Filed 6–22–98; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6113–8]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of deletion of the Pine

Bend Sanitary Landfill Superfund Site

from the National Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Pine Bend Sanitary Landfill Site in

Minnesota from the National Priorities

List (NPL). The NPL is Appendix B of

40 CFR part 300 which is the National

Oil and Hazardous Substances

Contingency Plan (NCP), which EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

This action is being taken by EPA and

the State of Minnesota, because it has

been determined that Responsible

Parties have implemented all

appropriate response actions required.

Moreover, EPA and the State of

Minnesota have determined that

remedial actions conducted at the site to

date remain protective of public health,

welfare, and the environment.

EFFECTIVE DATE: June 23, 1998.

FOR FURTHER INFORMATION CONTACT:

Timothy Prendiville at (312) 886–5122

(SR–6J), Remedial Project Manager or

Gladys Beard at (312) 886–7253,

Associate Remedial Project Manager,

Superfund Division, U.S. EPA—Region

V, 77 West Jackson Blvd., Chicago, IL

60604. Information on the site is

available at the local information

repository located at: Dakota County

Library System, Wescott Branch, 1340

Wescott Road, Eagan, MN 55123.

Requests for comprehensive copies of

documents should be directed formally

to the Regional Docket Office. The

contact for the Regional Docket Office is

Jan Pfundheller (H–7J), U.S. EPA,

Region V, 77 W. Jackson Blvd., Chicago,

IL 60604, (312) 353–5821.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Pine Bend

Sanitary Landfill Site located in Inver

Grove Heights, Minnesota. A Notice of

Intent to Delete for this site was

published April 28, 1998 (63 FR 23256).

The closing date for comments on the

Notice of Intent to Delete was May 28,

1998. EPA received no comments and

therefore no Responsiveness Summary

was prepared.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund (Fund-) financed

remedial actions. Any site deleted from

the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site