Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26107

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 334

Albemarle Sound, Pamlico Sound, and

adjacent waters, North Carolina;

danger zones/restricted areas for naval

aircraft operations.

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Correction to final rule.

SUMMARY: This document contains a

correction to the final rule which was

published Tuesday, February 27, 1996

(61 FR 7214). The effective date was

February 27, 1996. This rule reestablished a danger zone as a restricted

area in the waters off of Harvey Point,

Perquimans County, North Carolina.

This is an editorial correction and will

not affect the restrictions placed on

entry into the area.

DATES: Effective May 24, 1996.

ADDRESS: HQUSACE, CECW–OR,

Washington, D.C. 20314–1000.

FOR FURTHER INFORMATION CONTACT:

Ms. Angie Yelverton of the Corps

Wilmington District at (910) 251–4480,

or Mr. Ralph Eppard, Regulatory

Branch, CECW–OR at (202) 761–1783.

SUPPLEMENTARY INFORMATION: Pursuant

to its authorities in Section 7 of the

Rivers and Harbors Act of 1917 (40 Stat.

266; 33 U.S.C. 1) and Chapter XIX of the

Army Appropriations Act of 1919 (40

Stat. 892; 33 U.S.C. 3), the Corps

promulgated a regulation under 33 CFR

334.412 which re-established an area

that was previously a danger zone, as a

restricted area in the waters off of

Harvey Point, Albemarle Sound, North

Carolina.

Need for Correction

As published, the final rules in Sec.

334.412(a) contain an incorrect bearing

listed as ‘‘southwesterly to latitude 36°

04′18′′, which should have read

‘‘northwesterly to latitude 36° 04′18′′’’

Correction of Publication

Accordingly, the publication on

February 27, 1996, of the final rule,

which was the subject of 61 FR 7214–

7215, is corrected as follows:

§ 334.412 [Corrected]

On page 7215, in § 334.412 in the

second column, second line, remove

‘‘southwesterly’’ and replace it with

’’northwesterly’’.

Dated: May 6, 1996.

Approved;

Stanley G. Genega,

Major General, USA, Director of Civil Works.

[FR Doc. 96–13090 Filed 5–23–96; 8:45 am]

BILLING CODE 3710–92–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 2

RIN 2900–AI12

Delegations of Authority Concerning

Discrimination or Reprisal

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document sets forth

delegations of authority to the General

Counsel and certain subordinates to

make the final decision on a complaint

of discrimination on grounds of race,

color, religion, sex, national origin, age,

disability, or reprisal brought by an

employee of the Department of Veterans

Affairs or an applicant for employment.

The effect of this action is to clarify and

expand CFR material to specify all

delegations of authority already made

concerning this subject matter.

EFFECTIVE DATE: May 24, 1996.

FOR FURTHER INFORMATION CONTACT: Neal

C. Lawson, Assistant General Counsel

(024), Office of General Counsel,

Department of Veterans Affairs, 810

Vermont Avenue, NW., Washington, DC

20420, (202) 273–6384.

SUPPLEMENTARY INFORMATION: This final

rule consists of delegations of authority

and, therefore, is not subject to the

notice and comment and effective date

provisions of 5 U.S.C. 553.

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 rule merely

sets forth delegations of authority.

There is no Catalog of Federal

Domestic Assistance program number

for this regulation.

List of Subjects in 38 CFR Part 2

Authority delegations (government

agencies).

Approved: May 17, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 2 is amended as

set forth below:

PART 2—DELEGATIONS OF

AUTHORITY

1. The authority citation for part 2 is

revised to read as follows:

Authority: 5 U.S.C. 302; 38 U.S.C. 501,512;

44 U.S.C. 3702.

2. In § 2.6, paragraph (e)(6) is revised

to read as follows:

§ 2.6 Secretary’s delegations of authority

to certain officials (38 U.S.C. 512).

* * * * *

(e) * * *

(6) Authority is delegated to the

General Counsel and Deputy General

Counsel and to the Assistant General

Counsel and Deputy Assistant General

Counsel of Professional Staff Group IV

to make the final decision on a

complaint of discrimination on grounds

of race, color, religion, sex, national

origin, age, disability, or reprisal

brought by an employee of the

Department of Veterans Affairs or an

applicant for employment.

(Authority: 38 U.S.C. 512)

* * * * *

[FR Doc. 96–13079 Filed 5–23–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 21

RIN 2900–AH60

Veterans and Dependents Education:

Miscellaneous

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

educational assistance regulations. It

removes ‘‘sunsetted’’ provisions that

had been authorized by the Vietnam Era

GI Bill. Under the Vietnam Era GI Bill,

no benefits can be authorized for

training that occurred after December

31, 1989, and no educational loans can

be authorized for training that occurred

after December 31, 1991. Consequently,

the provisions concerning such

educational assistance are removed

because they are no longer of any effect.

This document also amends the

educational assistance regulations by

placing virtually all of the provisions

relating solely to benefits under the

Survivors’ and Dependents’ Educational

Assistance program in one subpart, 38

CFR Part 21, Subpart C. Further, this

document removes regulations in 38

CFR Part 21, Subpart E concerning civil

rights matters since they are duplicative

of provisions in 38 CFR Parts 18, 18a,

and 18b. In addition, this document

removes 38 CFR Part 21, Subpart F–2

concerning special benefits for certain
26108 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations

former military officers since the

deadline for applying for such benefits

has expired and no further benefits can

be paid. The educational assistance

regulations are further amended by

removing a number of other provisions

that no longer apply or otherwise have

no substantive effect and by making

changes for purposes of clarification.

EFFECTIVE DATE: May 24, 1996.

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 affects 38 CFR part 21,

subparts B, C, D, E, F, F–2, and K. It

removes provisions that are obsolete,

duplicative, or without substantive

effect; moves provisions from one

subpart to another; and makes changes

for clarification. This document makes

no substantive changes. Accordingly,

there is a basis for dispensing with prior

notice and comment and delayed

effective date provisions of 5 U.S.C. 552

and 553.

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 makes no substantive changes.

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

rule, therefore, is exempt from the

initial and final regulatory flexibility

analyses requirements of sections 603

and 604.

The Catalog of Federal Domestic

Assistance numbers for the programs

affected by these regulations are 64.117

and 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, Employment,

Grant programs-education, Grant

programs-veterans, Health care, Loan

programs-education, Loan programsveterans, Manpower training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: May 13, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 21 is amended as

set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart B—Claims and Applications

for Educational Assistance

1. The authority citation for subpart B

is revised to read as follows:

Authority: 38 U.S.C. 501(a), ch. 51, unless

otherwise noted.

2. The heading for subpart B is

revised to read as set forth above.

3. The undesignated center heading

preceding § 21.1020, §§ 21.1020 through

21.1022, § 21.1025, the undesignated

center heading preceding § 21.1040, and

§§ 21.1040 through 21.1045 are

removed.

Subpart C—Survivors’ and

Dependents’ Educational Assistance

under 38 U.S.C. Chapter 35

4. The authority citation for subpart C

is revised to read as follows:

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

3566, unless otherwise noted.

5. Sections 21.3001 and 21.3002 are

added, to read as follows:

§ 21.3001 Delegation of authority.

Except as otherwise provided,

authority is delegated to the Under

Secretary for Benefits and to supervisory

or administrative personnel within the

jurisdiction of the Education Service,

Veterans Benefits Administration,

designated by him or her to make

findings and decisions under 38 U.S.C.

chapter 35 and the applicable

regulations, precedents and

instructions, as to the program

authorized by this subpart.

(Authority: 38 U.S.C. 512(a))

§ 21.3002 Administration of Survivors’ and

Dependents’ Educational Assistance

Program.

Subpart D of this part applies to the

Survivors’ and Dependents’ Educational

Assistance Program, unless the

provisions of a section in that subpart

are explicitly limited to one or more of

the other educational assistance

programs VA administers.

(Authority: 38 U.S.C. 501, 3501–3566)

6. In § 21.3021, paragraphs (h), (i), (j),

and (k) are added prior to the cross

references, to read as follows:

§ 21.3021 Definitions.

* * * * *

(h) Program of education. The term

program of education means any

curriculum or any combination of unit

courses or subjects pursued at an

educational institution which is

generally accepted as necessary to fulfill

the requirements for the attainment of a

predetermined and identified

educational, professional, or vocational

objective.

(Authority: 38 U.S.C. 3501(a)(5))

(i) Educational objective. An

educational objective is one that leads to

the awarding of a diploma, degree, or

certificate which reflects educational

attainment.

(Authority: 38 U.S.C. 3501(a)(5))

(j) Professional or vocational

objective. A professional or vocational

objective is one that leads to an

occupation. It may include educational

objectives essential to prepare for the

chosen occupation. When a program

consists of a series of courses not

leading to an educational objective,

such courses must be directed toward

attainment of a designated professional

or vocational objective.

(Authority: 38 U.S.C. 3501(a)(5))

(k) Additional definitions. The

definitions in § 21.4200 apply to subpart

C of this part.

(Authority: 38 U.S.C. 501, 3501)

* * * * *

7. Section 21.3025 is revised to read

as follows:

§ 21.3025 Nonduplication; Federal

programs.

Payment of subsistence allowance and

special training allowance is prohibited

to an otherwise eligible person—

(a) Who is on active duty and is

pursuing a course of education which is

being paid for by the Armed Forces (or

by the Department of Health and Human

Services in the case of the Public Health

Service); or

(b) For a unit course or courses which

are being paid for under 5 U.S.C.

chapter 41.

(Authority: 38 U.S.C. 3681(a))

§ 21.3032 [Amended]

8. In § 21.3032, paragraph (a)(2) is

amended by removing ‘‘§ 21.4105’’ and

adding, in its place, ‘‘§ 21.3104’’.

9. In § 21.3040, an authority citation

is added following paragraph (d), to

read as follows:

§ 21.3040 Eligibility; child.

* * * * *

(d) * * *

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

§ 21.3041 [Amended]

10. In § 21.3041, paragraph (d)(9)(iii)

is amended by removing ‘‘eligibility’’

and adding, in its place ‘‘eligibility’’ and

by removing ‘‘§ 21.4135(z)’’ and adding,

in its place, ‘‘§ 21.3135(g)’’.
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26109

11. In § 21.3042, paragraph (d) is

removed; and paragraph (a) is revised to

read as follows:

§ 21.3042 Service with Armed Forces.

(a) No educational assistance under

38 U.S.C. chapter 35 may be provided

an otherwise eligible person during any

period he or she is on duty with the

Armed Forces. See § 21.3021 (e) and (f).

This does not apply to brief periods of

active duty for training. See § 21.3135(f).

(Authority: 38 U.S.C. 3501(d))

* * * * *

§ 21.3044 [Amended]

12. In § 21.3044, paragraph (c)(1) is

amended by removing ‘‘§ 21.4237(d)’’

and adding, in its place, ‘‘§ 21.3344(d)’’.

§ 21.3045 [Amended]

13. In § 21.3045, the introductory text

of paragraph (b)(1) and the introductory

text of paragraph (b)(2) are amended by

removing ‘‘21.4235 of this part’’ each

time it appears and adding, in its place,

‘‘21.3344’’; and paragraph (b)(2)(i) is

amended by removing ‘‘21.4137(a)’’ and

adding, in its place, ‘‘21.3131(a)’’.

14. An undesignated center heading

and §§ 21.3100, 21.3102, 21.3103,

21.3104, and 21.3105 are added to read

as follows:

Counseling

§ 21.3100 Counseling.

(a) Purpose of counseling. The

purpose of counseling is to assist:

(1) In selecting an educational or

training objective;

(Authority: 38 U.S.C. 3520)

(2) In developing a suitable program

of education or training;

(Authority: 38 U.S.C. 3520)

(3) In selecting an educational

institution or training establishment

appropriate for the attainment of the

educational or training objective;

(Authority: 38 U.S.C. 3561(a))

(4) In resolving any personal problems

which are likely to interfere with

successful pursuit of a program;

(Authority: 38 U.S.C. 3561(a))

(5) In selecting an employment

objective for the eligible person that

would be likely to provide the eligible

person with satisfactory employment

opportunities in light of his or her

circumstances.

(Authority: 38 U.S.C. 3520, 3561(a))

(b) Availability of counseling.

Counseling assistance is available for—

(1) Identifying and removing reasons

for academic difficulties which may

result in interruption or discontinuance

of training; or

(2) In considering changes in career

plans, and making sound decisions

about the changes.

(Authority: 38 U.S.C. 3520, 3561(a))

(c) Provision of counseling. VA shall

provide counseling as needed for the

purposes identified in paragraphs (a)

and (b) of this section upon the request

of the eligible person.

(Authority: 38 U.S.C. 3520, 3561(a))

§ 21.3102 Required counseling.

(a) Child. The VA counseling

psychologist will provide counseling

and assist in preparing the educational

plan only if the eligible child or his or

her parent or guardian requests

assistance, except that counseling is

required for an eligible child if—

(1) The eligible child may require

specialized vocational training or

special restorative training; or

(2) The eligible child has reached the

compulsory school attendance age

under State law, but has neither reached

his or her 18th birthday, nor completed

secondary schooling. See § 21.3040(a).

(b) Spouse or surviving spouse.

Counseling is required for a spouse or

surviving spouse only if he or she

desires specialized vocational training.

(Authority: 38 U.S.C. 3520, 3536, 3541, 3561)

§ 21.3103 Failure to cooperate.

VA will not act further on an eligible

person’s application for assistance

under 38 U.S.C. chapter 35 when

counseling is required for him or her

and the eligible person—

(a) Fails to report;

(b) Fails to cooperate in the

counseling process; or

(c) Does not complete counseling to

the extent required under § 21.3102.

(Authority: 38 U.S.C. 3536, 3541, 3561(a))

§ 21.3104 Special training.

(a) Initial counseling. A counseling

psychologist in the Vocational

Rehabilitation and Counseling Division

will counsel a disabled child, spouse, or

surviving spouse before referring the

case to the Vocational Rehabilitation

Panel (established under § 21.60) for

consideration as to the child’s, spouse’s

or surviving spouse’s need for a course

of specialized vocational training or the

child’s need for special restorative

training. After consulting with the

panel, and considering the panel’s

report, the counseling psychologist will

determine if the disabled child, spouse,

or surviving spouse needs a course of

specialized vocational training or the

disabled child needs special restorative

training, and where need is found to

exist will prescribe a course which is

suitable to accomplish the goals of 38

U.S.C. chapter 35.

(Authority: 38 U.S.C. 3536, 3540–3543,

3561(a))

(b) Counseling after special restorative

training. When an eligible child

completes or discontinues a course of

special restorative training without

having selected an objective and a

program of education, a counseling

psychologist in the Vocational

Rehabilitation and Counseling Division

will provide additional counseling to

assist the child in selecting a program of

education suitable to accomplish the

purposes of 38 U.S.C. chapter 35.

(Authority: 38 U.S.C. 3561)

§ 21.3105 Travel expenses.

(a) General. VA shall determine and

pay the necessary expense of travel to

and from the place of counseling for an

eligible person who is required to

receive counseling as provided under 38

U.S.C. 111 (a), (d), (e), and (g).

(Authority: 38 U.S.C. 111 (a), (d), (e), and (g))

(b) Restriction. VA will not pay the

necessary cost of travel to and from the

place of counseling when counseling is

not required, but is provided as a result

of a voluntary request by the eligible

person.

(Authority: 38 U.S.C. 111)

15. Sections 21.3130 and 21.3131 are

added following the undesignated

center heading that precedes § 21.3145,

to read as follows:

§ 21.3130 Educational assistance.

(a) Approval of a program of

education. VA will approve a program

of education selected by an eligible

person if:

(1) The program is described in

§ 21.3021 (h) and (i) or (j);

(2) The individual is not already

qualified for the objective of the

program of education;

(3) The proposed educational

institution or training establishment is

in compliance with all the requirements

of 38 U.S.C. chapters 35 and 36; and

(4) It does not appear that the

enrollment in or pursuit of such

person’s program of education would

violate any provision of 38 U.S.C.

chapters 35 and 36.

(Authority: 38 U.S.C. 3521)

(b) Payments. VA will pay

educational assistance at the rate

specified in § 21.3131 (subject to the

reductions required by § 21.3132) while

the eligible person is pursuing an

approved program of education or

training.

(Authority: 38 U.S.C. 3521, 3532)
26110 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations

(c) No payment for excessive training.

(1) VA will make no payment for:

(i) Training in an apprenticeship or

other on-job training program in excess

of the number of hours approved by the

State approving agency or VA; or

(ii) Lessons completed in a

correspondence course in excess of the

number approved by the State

approving agency.

(2) A school’s standards of progress

may permit a student to repeat a course

or portion of a course in which he or she

has done poorly. VA considers the

repeated courses to be part of the

program of education. VA will make no

payment for courses or training if the

courses or training are not part of the

eligible person’s program of education.

(Authority: 38 U.S.C. 3501(a)(5), 3521)

(d) Courses precluded. VA may not

pay educational assistance:

(1) For pursuit of a course if approval

of the enrollment in the course is

precluded by § 21.4252;

(2) For training in a foreign country

unless the training is in the Philippines

or is approved pursuant to the

provisions of § 21.4260; or

(3) For pursuit of a course offered by

open-circuit television, unless the

eligible person’s pursuit meets the

requirements of § 21.4233(c).

(Authority: 38 U.S.C. 3523)

(e) Commencing date. In determining

the commencing date of an award of

educational assistance, VA will apply

the provisions of § 21.4131.

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

§ 21.3131 Rates—educational assistance

allowance—38 U.S.C. chapter 35.

(a) Rates. Except as provided in

§ 21.3132, educational assistance

allowance is payable at the following

rates effective January 1, 1990:

Type of courses Monthly rate

Institutional:

Full time ................. $404 3⁄4 time .................... 304 1⁄2 time .................... 202

Less than 1⁄2 but

more than 1⁄4

time 3.

202

1⁄4 time or less 3 ..... 101

Cooperative (other

than farm cooperative) (Full time

only).

$327

Apprentice or OnJob (full time

only, but see footnote 1)

First six months ...... $294

Second six months 220

Third six months .... 146

Fourth six months

and thereafter.

73

Type of courses Monthly rate

Farm Cooperative:

Full time ................. $327 3⁄4 time .................... 245 1⁄2 time .................... 163

Correspondence ........ 55 percent of the established charge

for the number of

lessons completed

by the eligible

spouse or surviving

spouse and serviced by the

school—Allowance

paid quarterly.2

1See footnote 5 of § 21.4270(c) for measurement of full time and § 21.3132(c) for proportionate reduction in award for completion of

less than 120 hours per month. 2Established charge means the charge for

the course or courses determined on the basis

of the lowest extended time payment plan offered by the institution and approved by the

appropriate State approving agency or the actual cost to the eligible spouse or surviving

spouse, whichever is the lesser. VA considers

the continuity of an enrollment broken when

there are more than 6 months between the

servicing of the lessons. 3 If an eligible person under chapter 35 pursuing independent study on a less than onehalf-time basis completes his or her program

before the designated completion time, his or

her award will be recomputed to permit payment of tuition and fees not to exceed $202 or

$101 as appropriate, per month, if the maximum allowance is not initially authorized.

(Authority: 38 U.S.C. 3532, 3686)

(b) Less than half time. The monthly

rate for an eligible person who is

pursuing an institutional course on less

than one-half time basis may not exceed

the monthly rate of the cost of the

course computed on basis of the total

cost for tuition and fees which the

school requires similarly circumstanced

individuals enrolled in the same course

to pay. ‘‘Cost of the course’’ does not

include the cost of books or supplies

which the student is required to

purchase at his or her own expense.

(Authority: 38 U.S.C. 3532(a)(2))

(c) Courses leading to a secondary

school diploma or equivalency

certificate. The monthly rate of

Survivors’ and Dependents’ Educational

Assistance payable for an eligible

person enrolled in a course leading to a

secondary school diploma or

equivalency certificate shall be the rate

for institutional training stated in

paragraph (a) of this section.

(Authority: 38 U.S.C. 3532(d), 3533)

(d) Payments made to eligible persons

in the Republic of the Philippines or to

certain Filipinos. When the eligible

person is pursuing training at an

institution located in the Republic of the

Philippines or when an eligible child’s

entitlement is based on the service of a

veteran in the Philippine

Commonwealth Army, or as a

Philippine Scout as defined in § 3.8 (b),

(c), or (d) of this chapter, payments of

educational assistance allowance made

after December 31, 1994, will be made

at the rate of 50 cents for each dollar

authorized.

(Authority: 38 U.S.C. 3532(d), 3565)

§ 21.4137 [Redesignated as § 21.3132]

§ 21.3132 [Amended]

16. Section 21.4137 is redesignated as

§ 21.3132; paragraphs (d) through (g) are

removed; paragraph (h) is redesignated

as paragraph (d); newly redesignated

paragraph (d)(4) is amended by

removing ‘‘106’’ and adding, in its

place, ‘‘1606’’; newly redesignated

paragraphs (d)(4) and (d)(5) are

amended by removing ‘‘(h)(1)(ii)’’ in

each place it appears and adding, in its

place, ‘‘(d)(1)(ii)’’; paragraphs (i)

through (o) are removed; and the section

heading is revised, introductory text is

added, and paragraphs (a) through (c)

are revised, to read as follows:

§ 21.3132 Reductions in Survivors’ and

Dependents’ Educational Assistance.

The monthly rates established in

§ 21.3131 shall be reduced as stated in

this section whenever the circumstances

described in this section arise.

(a) No educational assistance

allowance for some incarcerated eligible

persons. VA will pay no educational

assistance allowance to an eligible

person who:

(1) Is incarcerated in a Federal, State,

or local penal institution for conviction

of a felony; and

(2) Is enrolled in a course:

(i) For which there are no tuition or

fees, or charges for books, supplies, and

equipment; or

(ii) For which tuition and fees are

being paid by a Federal program (other

than one administered by VA) or by a

State or local program, and the eligible

person is incurring no charge for the

books, supplies, and equipment

necessary for the course.

(Authority: 38 U.S.C. 3532(e))

(b) Reduced educational assistance

allowance for some incarcerated eligible

persons—felony conviction. (1) VA will

pay a reduced educational assistance

allowance to an eligible person who:

(i) Is incarcerated in a Federal, State,

or local penal institution for conviction

of a felony; and

(ii) Is enrolled in a course:

(A) For which the eligible person pays

some (but not all) of the charges for

tuition and fees; or

(B) For which a Federal program

(other than one administered by VA) or

a State or local program pays all the
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26111

charges for tuition and fees, but which

requires the eligible person to pay for

books, supplies, and equipment.

(2) The monthly rate of educational

assistance allowance payable to such an

eligible person who is pursuing a course

on a half-time or greater basis shall be

the lesser of the following:

(i) The monthly rate of the portion of

the tuition and fees that the eligible

person must pay plus the monthly rate

of the charge to the eligible person for

the cost of necessary supplies, books,

and equipment; or

(ii) The monthly rate stated in

§ 21.3131.

(3) The monthly rate of educational

assistance payable to such an eligible

person who is pursuing the course on a

less than half-time basis or on a one

quarter-time basis shall be the lowest of

the following:

(i) The monthly rate of the tuition and

fees charged for the course;

(ii) The monthly rate of tuition and

fees which the eligible person must pay

plus the monthly rate of the charge to

the eligible person for the cost of

necessary supplies, books, and

equipment; or

(iii) The monthly rate stated in

§ 21.3131.

(Authority: 38 U.S.C. 3482(g))

(c) Reduction in training assistance

allowance. (1) For any month in which

an eligible person pursuing an

apprenticeship or on-job training

program fails to complete 120 hours of

training, VA shall reduce the rate

specified in § 21.3131(a) proportionally.

In this computation VA shall round the

number of hours worked to the nearest

multiple of eight.

(2) For the purpose of this paragraph

hours worked include only:

(i) The training hours the eligible

person worked; and

(ii) All hours of the eligible person’s

related training which occurred during

the standard workweek and for which

the eligible person received wages.

(Authority: 38 U.S.C. 3687(b)(3))

* * * * *

17. Section 21.3133 is added to read

as follows:

§ 21.3133 Payment procedures.

(a) Release of payments and payment

procedures. In determining whether

payments of educational assistance

allowance may be made in a lump sum,

in advance, for an interval or if a

certification is required from an eligible

person before a payment may be made,

VA will apply the provisions of

§ 21.4138.

(Authority: 38 U.S.C. 3680)

(b) Payee. (1) VA will pay an

educational assistance allowance to the

eligible person if he or she has attained

majority and has no known legal

disability.

(2) If an eligible person has not

attained majority, VA will pay an

educational assistance allowance

directly to an eligible person, a relative,

or some other person for the use and

benefit of the eligible person

notwithstanding a legal disability on the

part of the eligible person when VA

determines:

(i) The best interest of the eligible

person would be served;

(ii) Undue delay in payment would be

avoided; or

(iii) Payment would otherwise not be

feasible.

(Authority: 38 U.S.C. 3501(a)(4), 3501(c),

3531(a), 5502)

(c) Payment of accrued benefits.

Educational assistance remaining due

and unpaid at the date of the eligible

person’s death is payable under the

provisions of § 3.1000 of this chapter.

(Authority: 38 U.S.C. 5121)

(d) Tutorial assistance. An individual

who is otherwise eligible to receive

benefits under the Survivors’ and

Dependents’ Educational Assistance

program may receive supplemental

monetary assistance to provide tutorial

services. In determining whether VA

will pay the individual this assistance,

VA will apply the provisions of

§ 21.4236.

(Authority: 38 U.S.C. 3492, 3533(b))

(e) Offsets: 38 U.S.C. chapter 35,

compensation, pension and dependency

and indemnity compensation. Payment

of dependents’ educational assistance

will be subject to offset of amounts of

pension, compensation or dependency

and indemnity compensation paid over

the same period on behalf of a child

based on school attendance.

(Authority: 38 U.S.C. 3562)

(f) Final payment. VA may withhold

final payment until VA receives proof of

continued enrollment and adjusts the

eligible person’s account.

(Authority: 38 U.S.C. 3680)

18. Section 21.3135 is added to read

as follows:

§ 21.3135 Reduction or discontinuance

dates for awards of educational assistance

allowance.

The reduction or discontinuance date

of an award of educational assistance

will be as stated in this section. If more

than one basis for reduction or

discontinuance is involved, the earliest

date will control.

(a) Ending date of course. Educational

assistance allowance will be

discontinued on the ending date of the

course or period of enrollment as

certified by the school.

(Authority: 38 U.S.C. 3531, 3680(a))

(b) Ending date of eligibility.

Educational assistance allowance will

be discontinued on the ending date of

the eligible person’s eligibility as

determined by § 21.3041, § 21.3042,

§ 21.3043, or § 21.3046.

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

(c) General reduction or

discontinuance dates. Educational

assistance allowance will be reduced or

discontinued on the date specified in

§ 21.4135.

(Authority: 38 U.S.C. 3482(g), 3531, 3671(g),

3672(a), 3680, 3683, 3690, 5112, 5113, 6103,

6104, 6105)

(d) Divorce. If the veteran and eligible

spouse divorce, the discontinuance date

for the eligible spouse’s award of

educational assistance will be:

(1) The end of the quarter or semester

if the school is operated on a quarter or

semester system, and the divorce was

without fault on the eligible spouse’s

part;

(2) The end of the course or a 12-week

period, whichever is earlier, if the

school does not operate on a quarter or

semester system, and the divorce was

without fault on the eligible spouse’s

part; or

(3) In all other instances, the date the

divorce decree becomes final.

(Authority: 38 U.S.C. 3501(a)(1)(D), 3511(b))

(e) Remarriage or other relationship of

spouse or surviving spouse. (1) If an

eligible surviving spouse remarries, the

date of discontinuance of his or her

award of educational assistance

allowance will be the last date of

attendance before remarriage.

(2) If a spouse or surviving spouse

begins a relationship by living with

another person and holding himself or

herself out openly to the public to be the

spouse of the other person, the date of

discontinuance of his or her award of

educational assistance allowance will be

the last date of the month before the

spouse’s or surviving spouse’s

relationship began.

(Authority: 38 U.S.C. 101(3), 3501(a)(1)(B))

(f) Entrance on active duty

(§ 21.3042). If an eligible person enters

on active duty, VA will terminate his or

her educational assistance allowance on

the day before the day of entrance on

active duty. Brief periods of active duty

for training, if the school permits such

an absence without interruption of
26112 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations

training, will not result in termination

of the allowance under this paragraph.

(Authority: 38 U.S.C. 3501(d))

(g) Eligible child ceases to be a

stepchild. When an eligible child loses

eligibility because he or she ceases to be

the stepchild of the veteran, VA will

discontinue the dependent’s

educational assistance allowance on the

last day of the child’s eligibility as

determined by § 21.3041(d)(9).

(Authority: 38 U.S.C. 101(4)(A), 3501)

(h) Veteran no longer rated

permanently and totally disabled. (1) If

the veteran on whose service an eligible

person’s eligibility is based is no longer

permanently and totally disabled, VA

will discontinue the educational

assistance allowance—

(i) On the last date of the quarter or

semester during which VA rated the

veteran as no longer permanently and

totally disabled if the eligible person’s

educational institution is organized on a

quarter or semester basis; or

(ii) On the earlier of the following

dates when the eligible person’s

educational institution is not organized

on a quarter or semester basis:

(A) The last date of the course;

(B) The end of a 12-week period

beginning on the date VA rated the

veteran as being no longer permanently

and totally disabled.

(Authority: 38 U.S.C. 3511(b), 3512(a)(6)(A))

(i) Serviceperson is removed from

‘‘missing status’’ listing. (1) If the

serviceperson on whose service an

eligible person’s eligibility is based is

removed from the ‘‘missing status’’

listing, VA will discontinue the

educational assistance allowance—

(i) On the last date of the quarter or

semester during which the

serviceperson was removed from the

‘‘missing status’’ listing if the eligible

person’s educational institution is

organized on a quarter or semester basis;

or

(ii) On the earlier of the following

dates when the eligible person’s

educational institution is not organized

on a quarter or semester basis:

(A) The last date of the course;

(B) The end of a 12-week period

beginning on the date the serviceperson

was removed from the ‘‘missing status’’

listing.

(Authority: 38 U.S.C. 3512(a)(6)(A))

§ 21.3145 [Removed]

19. Section 21.3145 is removed.

20. In § 21.3330, paragraph (a) is

amended by removing ‘‘§ 21.4139’’ and

adding, in its place, ‘‘§ 21.3133(b)’’; and

paragraph (c) is revised to read as

follows:

§ 21.3330 Payments.

* * * * *

(c) The provisions of § 21.3133(e)

apply to the payment of special

restorative training allowance.

(Authority: 38 U.S.C. 3562)

§ 21.3331 [Amended]

21. Section 21.3331 is amended by

removing ‘‘§ 21.4131’’, and adding, in its

place, ‘‘§ 21.3130(c)’’.

§ 21.3332 [Amended]

22. Section 21.3332 is amended by

removing ‘‘§ 21.4135’’, and adding, in its

place, ‘‘§ 21.3130(d)’’.

23. An undesignated center heading

and § 21.3344 are added to read as

follows:

Special Assistance and Training

§ 21.3344 Special assistance for the

educationally disadvantaged.

(a) Enrollment. VA may approve the

enrollment of an eligible person in an

appropriate course or courses at the

secondary school level. This approval

may be made only if the eligible

person—

(1) Has not received a secondary

school diploma (or an equivalency

certificate);

(2) Needs additional secondary school

education, remedial, refresher, or

deficiency courses, to qualify for

admission to an appropriate educational

institution in a State in order to pursue

a program of education; and

(3) Is to pursue the course or courses

in a State.

(Authority: 38 U.S.C. 3491(a), 3533)

(b) Measurement. VA will measure

remedial, deficiency, or refresher

courses offered at the secondary school

level as provided in §§ 21.4270(a)(2) and

21.4272(k).

(Authority: 38 U.S.C. 3533)

(c) Educational assistance. VA will

authorize educational assistance at the

monthly rates specified in § 21.3131.

(Authority: 38 U.S.C. 3491(a), 3533)

(d) Entitlement charge. The provisions

of § 21.3045 will determine whether VA

will make a charge against the period of

the entitlement of the eligible person

because of enrollment in a course under

the provisions of this section.

(Authority: 38 U.S.C. 3533)

(e) Certifications. (1) Certifications of

the eligible person’s need for deficiency

or remedial courses in basic English

language skills and mathematics skills

may be made by:

(i) A VA counseling psychologist in

the Vocational Rehabilitation and

Counseling Division;

(ii) The educational institution

administering the course; or

(iii) The educational institution where

the student has applied for admission.

(2) Certification of need for other

refresher, remedial or deficiency course

requirements are to be made by the

educational institution—

(i) Administering the course which

the eligible person is planning to enter;

or

(ii) Where the eligible person has

applied for admission.

(Authority: 38 U.S.C. 3533)

(f) Basic skills. Basic English language

courses or mathematics courses will be

authorized when it is found by accepted

testing methods that the eligible person

is lacking in basic reading, writing,

speaking, or essential mathematics.

(Authority: 38 U.S.C. 3533)

Subpart D—Administration of

Educational Assistance Programs

24. The authority citation for subpart

D is revised 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.

25. The heading for subpart D is

revised to read as set forth above.

§ 21.4001 [Amended]

26. In § 21.4001, paragraph (a) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’; by

removing ‘‘Vocational Rehabilitation

and’’; and by removing ‘‘34, 35,’’ and

adding, in its place, ‘‘34’’; paragraph (b)

is amended by removing ‘‘Chief,

Benefits Director’’ and adding, in its

place, ‘‘Under Secretary for Benefits’’;

and by removing ‘‘Vocational

Rehabilitation and’’; paragraph (c)

introductory text is amended by

removing ‘‘Vocational Rehabilitation

and’’; paragraph (d) is amended by

removing ‘‘Chief Benefits Director’’ and

adding, in its place, ‘‘Under Secretary

for Benefits’’, and by adding ‘‘his or

her’’ immediately preceding ‘‘designee’’;

paragraph (e) is amended by removing

‘‘Chief Benefits Director’’ and adding, in

its place, ‘‘Under Secretary for

Benefits’’; paragraph (f) is amended by

removing ‘‘Chief Benefits Director’’ and

adding, in its place, ‘‘Under Secretary

for Benefits’’; and paragraph (g) is

amended by removing ‘‘Education’’ and

adding, in its place, ‘‘Counseling’’.

§ 21.4009 [Amended]

27. In § 21.4009, paragraph (a)(2)(i) is

amended by removing ‘‘excessive

absences from a course or’’; and by

removing ‘‘veteran’’ and adding, in its

place, ‘‘veteran, reservist’’.
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26113

§ 21.4022 [Amended]

28. In § 21.4022, the heading for

paragraph (a) is removed; paragraph (b)

is removed; and paragraph (a)

introductory text and paragraphs (a)(1),

(a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7),

(a)(8), and (a)(9) are redesignated as

introductory text and paragraphs (a), (b),

(c), (d), (e), (f), (g), (h), and (i),

respectively.

§ 21.4025 [Removed]

29. Section 21.4025 is removed.

§§ 21.4100 through 21.4105 and 21.4130

[Removed]

30. The undesignated center heading

which precedes § 21.4100, and

§§ 21.4100 through 21.4105 and

§ 21.4130 are removed.

§ 21.4131 [Amended]

31. In § 21.4131, paragraphs (e) and (j)

are removed and reserved; the heading

for paragraph (g) is amended by

removing ‘‘(§§ 21.1042(b), 21.3042(b))’’;

paragraph (g) is amended by removing

‘‘veteran’’ and adding, in its place,

‘‘veteran or eligible person’’; the

authority citation for paragraph (g) is

amended by removing ‘‘3462(b)’’ and

adding, in its place, ‘‘3462(b), 3501(d)’’;

and paragraph (h), introductory text, is

amended by removing ‘‘§ 21.4136 (n),

(o), (p), or (r) § 21.4137 (j) or (l)’’ and

adding, in its place, ‘‘§ 21.3132(a) or (b)

or § 21.5139’’.

§ 21.4132 [Removed]

32. Section 21.4132 is removed.

33. In § 21.4135, paragraphs (b), (c),

(d), (n), (o), (v), and (z) are removed and

reserved; paragraph (e)(2) introductory

text is amended by removing ‘‘as

provided in § 21.4136(k) or

21.4137(h),’’; paragraph (m)(1) is

amended by removing ‘‘§ 21.4136(n),

(o), (p), or (r) or § 21.4137(j) or (l)’’ and

adding, in its place, ‘‘§ 21.3132(a) or (b)

or § 21.5139’’; and in paragraph (e), the

heading and paragraph (e)(1) are

revised, to read as follows:

§ 21.4135 Discontinuance dates.

* * * * *

(e) Course discontinued; course

interrupted; course terminated; course

not satisfactorily completed or

withdrawn from. (1) If the individual

receives all nonpunitive grades, or

withdraws from all courses other than

because of being ordered to active duty,

and no mitigating circumstances are

found, VA will terminate the

individual’s educational assistance

allowance effective the first date of the

term in which the withdrawal occurs.

* * * * *

34. In § 21.4136, paragraphs (a)

through (j) are removed; paragraph (k)

heading, paragraph (k)(1) introductory

text, paragraphs (k)(1)(i), (k)(1)(ii)

introductory text, (k)(1)(ii)(A),

(k)(1)(ii)(B), (k)(1)(ii)(C), and (k)(2)

through (k)(5) are redesignated as

paragraph (a) heading, paragraph (a)

introductory text, paragraphs (a)(1),

(a)(2) introductory text, (a)(2)(i),

(a)(2)(ii), (a)(2)(iii), and (b) through (e),

respectively; newly redesignated

paragraphs (a)(2)(ii) and (a)(2)(iii) are

amended by removing ‘‘veteran’’

wherever it appears and adding, in its

place, ‘‘individual’’; paragraphs (l)

through (t) and the cross reference at the

end of the section are removed; and the

section heading, the heading and

introductory text of newly redesignated

paragraph (a), the authority citation at

the end of newly redesignated

paragraph (a), and newly redesignated

paragraph (a)(1) and paragraphs (b)

through (e) are revised to read as

follows:

§ 21.4136 Withdrawals or nonpunitive

grades may result in nonpayment.

(a) General. VA will not pay benefits

to an individual for a course from which

the individual withdraws or receives a

nonpunitive grade which is not used in

computing the requirements for

graduation unless:

(1) The individual withdraws because

he or she is ordered to active duty; or

* * * * *

(Authority: 38 U.S.C. 3680(a))

(b) Representative mitigating

circumstances. The following

circumstances, which are not all

inclusive, are representative of those

that VA considers to be mitigating

provided they prevent the individual

from pursuing the program of education

continuously:

(1) An illness of the individual;

(2) An illness or death in the

individual’s family;

(3) An unavoidable geographical

transfer resulting from the individual’s

employment;

(4) An unavoidable change in the

individual’s conditions of employment;

(5) Immediate family or financial

obligations beyond the control of the

individual that require him or her to

suspend pursuit of the program of

education to obtain employment;

(6) Discontinuance of the course by

the school;

(7) Unanticipated active duty for

training;

(8) Unanticipated difficulties in caring

for the individual’s child or children.

(Authority: 38 U.S.C. 3680(a))

(c) Failure to complete a course for

the educationally disadvantaged. If the

individual fails to satisfactorily

complete a course under 38 U.S.C.

3491(a) without fault, VA will consider

the circumstances that caused the

failure to be mitigating. This will be the

case even if the circumstances were not

so severe as to preclude continuous

pursuit of a program of education.

(d) Withdrawals after May 31, 1989. In

the first instance of a withdrawal after

May 31, 1989, from a course or courses

for which the individual received

educational assistance under 38 U.S.C.

chapter 32, VA will consider that

mitigating circumstances exist with

respect to courses totaling not more than

six semester hours or the equivalent,

and paragraphs (a)(2)(ii) and (a)(2)(iii) of

this section will not apply.

(Authority: 38 U.S.C. 3680(a)(3))

(e) Withdrawals during a drop-add

period. If the individual withdraws from

a course during a drop-add period, VA

will consider the circumstances that

caused the withdrawal to be mitigating,

and paragraphs (a)(2)(ii) and (a)(2)(iii) of

this section will not apply.

(Authority: 38 U.S.C. 3680(a))

§§ 21.4139 through 21.4141 [Removed]

35. Sections 21.4139 through 21.4141

are removed.

36. In § 21.4145, paragraph (b) is

amended by removing ‘‘veteran’’

wherever it appears, and adding, in its

place, ‘‘veteran, reservist, or eligible

person’’, and by removing ‘‘veteran’s’’

and adding, in its place, ‘‘veteran’s,

reservist’s, or eligible person’s’’;

paragraph (c) introductory text is

amended by removing ‘‘Veteranstudent’’ and adding, in its place,

‘‘Work-study’’; the heading of paragraph

(g) is amended by removing ‘‘Veteran’’

and adding, in its place, ‘‘Veteran,

reservist, or eligible person’’; paragraphs

(g) and (h) are amended by removing

‘‘veteran’’ wherever it appears, and

adding, in its place, ‘‘veteran, reservist,

or eligible person’’; paragraph (i) is

amended by removing ‘‘veterans’’ and

adding, in its place, ‘‘veterans,

reservists, or eligible persons’’; and the

section heading and paragraphs (a),

(c)(3), (c)(4), (d), (e), and (f) are revised,

and paragraph (c)(5) is added, to read as

follows:

§ 21.4145 Work-study allowance.

(a) Eligibility. (1) A veteran or

reservist pursuing a program of

education under either 38 U.S.C.

chapter 30 or 32 or 10 U.S.C. chapter

1606 at a rate of three-quarter time or

full time is eligible to receive a workstudy allowance.

(2) An eligible person is eligible to

receive a work-study allowance when-
26114 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations

(i) The eligible person is pursuing a

program of education under 38 U.S.C.

chapter 35 on at least a three-quartertime basis;

(ii) The eligible person is pursuing a

program of education in a State; and

(iii) The eligible person is not

pursuing a program of special

restorative training.

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034,

3241, 3485, 3537)

* * * * *

(c) * * *

(3) Hospital and domiciliary care and

medical treatment at VA facilities;

(4) For a reservist training under 10

U.S.C. chapter 1606, activities relating

to the administration of 10 U.S.C.

chapter 1606 at Department of Defense

facilities, Coast Guard facilities, or

National Guard facilities; and

(5) Any other appropriate activity of

VA.

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034,

3241, 3485, 3537)

(d) Rate of payment. In return for the

veteran’s, reservist’s, or eligible person’s

agreement to perform services for VA

totaling not more than 25 hours times

the number of weeks contained in an

enrollment period, VA will pay an

allowance in an amount equal to the

higher of:

(1) The hourly minimum wage in

effect under section 6(a) of the Fair

Labor Standards Act of 1938 (29 U.S.C.

206(a)) times the number of hours the

veteran, reservist, or eligible person has

agreed to work; or

(2) The hourly minimum wage under

comparable law of the State in which

the services are to be performed times

the number of hours the veteran,

reservist, or eligible person has agreed

to work.

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034,

3241, 3485, 3537)

(e) Payment in advance. VA will pay

in advance an amount equal to the

lesser of the following:

(1) 40 percent of the total amount

payable under the contract; or

(2) An amount equal to 50 times the

applicable minimum hourly wage in

effect on the date the contract is signed.

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034,

3241, 3485, 3537)

(f) Veteran, reservist, or eligible

person reduces rate of training. In the

event the veteran, reservist, or eligible

person reduces his or her training to less

than three-quarter-time before

completing an agreement, the veteran,

reservist, or eligible person, with the

approval of the Director of the VA field

station, or designee, may be permitted to

complete the portions of an agreement

in the same or immediately following

term, quarter, or semester in which the

veteran, reservist, or eligible person

ceases to be a three-quarter-time

student.

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034,

3241, 3485, 3537)

* * * * *

§ 21.4146 [Amended]

37. In § 21.4146, paragraph (a) is

amended by removing ‘‘Chapters 34, 35

and 36, Title 38, U.S.C.’’ and adding, in

its place, ‘‘38 U.S.C. chapters 30, 32, 35,

or 36, or 10 U.S.C. chapter 1606’’; and

paragraph (f) is removed.

38. In § 21.4153, paragraph (b) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’; and by

removing ‘‘Vocational Rehabilitation

and’’; paragraph (c)(2)(i)(B) is amended

by removing ‘‘Vocational Rehabilitation

and’’; and paragraph (c)(3) is revised, to

read as follows:

§ 21.4153 Reimbursement of expenses.

* * * * *

(c) Reimbursable expenses. * * *

(3) Administrative expenses. In

determining the allowance for

administrative expenses for which

payment may be authorized, VA will

apply the provisions of 38 U.S.C.

3674(b). In making that application, VA

will determine reimbursable salary cost

pursuant to paragraph (c)(1) of this

section.

* * * * *

39. In § 21.4200, paragraph (v) is

revised to read as follows:

§ 21.4200 Definitions.

* * * * *

(v) Reservist. The term reservist means

a member of the Selected Reserve of the

Ready Reserve of any of the reserve

components (including the Army

National Guard of the United States and

the Air National Guard of the United

States) of the Armed Forces who is

eligible to receive educational assistance

under 38 U.S.C. chapter 30 or 10 U.S.C.

chapter 1606.

(Authority: 38 U.S.C. 3002)

§ 21.4201 [Amended]

40. In § 21.4201, paragraph (g)(6) is

amended by removing ‘‘in a course

either before December 1, 1976 or after

November 30, 1976,’’.

§ 21.4204 [Amended]

41. In § 21.4204, paragraph (b)(2) is

removed; and paragraphs (b)(3), (b)(4),

(b)(5), and (b)(6) are redesignated as

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

(b)(5), respectively.

§ 21.4205 [Removed]

42. Section 21.4205 is removed.

§ 21.4209 [Amended]

43. Section 21.4209 is amended in the

heading of paragraph (c) by removing

‘‘Below college level’’ and adding, in its

place, ‘‘Noncollege degree’’; in

paragraph (c) by removing ‘‘veterans or’’

and adding, in its place, ‘‘veterans,

servicemembers, reservists, and/or’’; by

removing ‘‘or courses which do’’ and

adding, in its place, ‘‘that does’’; and by

removing ‘‘which has enrolled veterans

under Chapter 34 or eligible persons

under Chapter 35’’ and adding, in its

place, ‘‘that has enrolled veterans under

38 U.S.C. chapter 30 or 32, reservists

under 10 U.S.C. chapter 1606, or eligible

persons under 38 U.S.C. chapter 35’’;

and, immediately after paragraph (c), by

adding an authority citation to read

‘‘(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034,

3241, 3690(c))’’.

§ 21.4230 [Removed]

44. Section 21.4230 is removed.

§ 21.4235 [Removed]

45. Section 21.4235 is removed.

46. In § 21.4236, the section heading,

the authority citation following

paragraph (b), and paragraphs (c) and

(d) are revised, to read as follows:

§ 21.4236 Tutorial assistance.

* * * * *

(b) * * *

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

3019, 3234, 3492, 3533(b))

(c) Limits on tutorial assistance. (1)

VA will authorize the cost of tutorial

assistance in an amount not to exceed

$100 per month.

(2) The total amount of all tutorial

assistance provided under this section

will not exceed $1200.

(Authority: 38 U.S.C. 3019, 3492, 3533(b))

(d) Entitlement charge. VA will make

no charge against the veteran’s or

eligible person’s entitlement to

educational assistance for any amount

of tutorial assistance authorized.

(Authority: 38 U.S.C. 3019, 3492, 3533(b))

§ 21.4237 [Removed]

47. Section 21.4237 is removed.

§ 21.4252 [Amended]

48. In § 21.4252, the authority citation

for paragraph (b)(3) is amended by

removing ‘‘3473(a), 3523(a)’’ and

adding, in its place, ‘‘3523(a),

3680A(b)’’; paragraph (c)(1) is amended

by removing ‘‘training under Chapter

34.’’ and adding, in its place, ‘‘training;

or’’; paragraph (c)(2) is removed;

paragraph (c)(3) is redesignated as
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26115

paragraph (c)(2); and the authority

citation for paragraph (c) is amended by

removing ‘‘Sec. 2003, Pub. L. 97–35’’

and adding, in its place, ‘‘10 U.S.C.

16131(g); 38 U.S.C. 3034(d), 3241(b),

3523(b), 3680A(b)’’.

§ 21.4260 [Amended]

49. In § 21.4260, paragraph (c)(1)(i) is

amended by removing ‘‘§§ 21.1040

through 21.1045,’’ and paragraph

(c)(1)(ii) is amended by removing

‘‘21.4230 or § 21.5230’’ and adding, in

its place, ‘‘21.3021(h) or § 21.5021(q)’’.

§ 21.4264 [Amended]

50. In § 21.4264, paragraph (b) is

amended by removing ‘‘a veteran or’’

and adding, in its place, ‘‘an’’; and

paragraph (d)(1) introductory text is

amended by removing ‘‘veterans,’’.

§ 21.4266 [Amended]

51. In § 21.4266, paragraph (c)(1)(iii)

is amended by removing ‘‘21.4203,

21.4204 and 21.4205’’; and adding, in its

place, ‘‘21.4203 and 21.4204’’.

§ 21.4276 [Removed]

52. Section 21.4276 is removed.

Subpart E—[Removed]

53. Subpart E is removed.

Subpart F—Education Loans

54. The authority citation for subpart

F is revised to read as follows:

Authority: 38 U.S.C. 501, 3537, 3698, 3699,

unless otherwise noted.

55. In § 21.4500, paragraph (b) is

amended by removing ‘‘Veteran or

person’’ and adding, in its place,

‘‘spouse or surviving spouse’’, and by

removing ‘‘section 3698, Title 38,

U.S.C.’’ and adding, in its place, ‘‘38

U.S.C. 3512(f) and 3698.’’; paragraph

(d)(2) introductory text is amended by

removing ‘‘a veteran or eligible person’’

and adding, in its place, ‘‘an eligible

spouse or surviving spouse’’; the

authority citation following paragraph

(d)(2) introductory text is amended by

removing ‘‘3698’’ and adding, in its

place, ‘‘3512(f), 3698’’; paragraph

(d)(2)(ii) is amended by removing

‘‘Vocational Rehabilitation and’’ in each

place it appears; the authority citation

for paragraph (d) is amended by

removing ‘‘3698(c)’’ and adding, in its

place, ‘‘3512(f), 3698(c)’’; paragraph

(e)(1) is amended by removing ‘‘the

veteran or other eligible person’’ and

adding, in its place, ‘‘the eligible spouse

or surviving spouse’’; paragraph (e)(2) is

amended by removing ‘‘the veteran or

other eligible person’’ and adding, in its

place, ‘‘the eligible spouse or surviving

spouse’’; paragraph (e)(3) is amended by

removing ‘‘the veteran or other eligible

person’’ and adding, in its place, ‘‘the

eligible spouse or surviving spouse’’;

paragraph (e)(4) is amended by

removing ‘‘the veteran or other eligible

person under section 3231, 3461, or

subchapter II of Chapter 35, Title 38

U.S.C., which applies solely to the

veteran or eligible person’’ and adding,

in its place, ‘‘the eligible spouse or

surviving spouse under 38 U.S.C.

chapter 35’’; paragraph (e)(5) is

amended by removing ‘‘veteran or other

eligible person’’ and adding, in its place,

‘‘eligible spouse or surviving spouse’’;

paragraph (e)(6) is amended by

removing ‘‘veteran under section 3485,

Title 38 U.S.C.’’ and adding, in its place,

‘‘eligible spouse or surviving spouse

under 38 U.S.C. 3537’’; paragraph (g) is

amended by removing ‘‘a veteran or

eligible person’’ and adding, in its place,

‘‘an eligible spouse or surviving

spouse’’; and by removing ‘‘Effective

January 1, 1975, the’’ and adding, in its

place, ‘‘The’’; the authority citation

following paragraph (h) is amended by

removing ‘‘3698(b)’’ and adding, in its

place, ‘‘3512(f), 3698(b)’’; and paragraph

(f) is revised to read as follows:

§ 21.4500 Definitions.

* * * * *

(f) Actual cost of attendance. The

term actual cost of attendance means:

(1) The actual charge per student for

tuition, fees, and books;

(2) An allowance for commuting (this

allowance will be based on 22.5¢ per

mile for distances not exceeding normal

commuting distance);

(3) An allowance for other expenses

reasonably related to attendance at the

institution at which the eligible spouse

or surviving spouse is enrolled; and

(4) A room and board allowance that

shall be determined as follows:

(i) If the educational institution

actually provides the eligible spouse or

surviving spouse with room and board,

the allowance shall equal the actual

charges to him or her for room and

board;

(ii) If the educational institution

provides some students with room and

board, but does not provide room and

board for the eligible spouse or

surviving spouse, the room and board

allowance shall equal either the actual

expenses incurred by the eligible spouse

or surviving spouse for room and board,

or the amount for room and board that

the educational institution would have

charged the eligible spouse or surviving

spouse, had the educational institution

provided him or her with room and

board, whichever is less; and

(iii) If the educational institution does

not provide any students with room and

board, the room and board allowance

shall equal either the actual expenses

incurred by the eligible spouse or

surviving spouse for room and board or

the amount the eligible spouse or

surviving spouse would have been

charged for room and board had he or

she been provided room and board by

the nearest State college or State

university that provides room and

board, whichever is less.

* * * * *

56. Section 21.4501 is revised to read

as follows:

§ 21.4501 Eligibility.

(a) General. Any eligible spouse or

surviving spouse shall be eligible to

receive an education loan if he or she

meets the criteria of this section.

(Authority: 38 U.S.C. 3512(f), 3698)

(b) Eligibility criteria. To qualify for

an education loan—

(1) The eligible spouse’s or surviving

spouse’s delimiting period as

determined by § 21.3046 (a), (b), or (d)

must have expired;

(2) The eligible spouse or surviving

spouse must—

(i) Have financial resources that may

reasonably be expected to be expended

for education needs and which are

insufficient to meet the actual costs of

attendance;

(ii) Execute a promissory note payable

to the Department of Veterans Affairs, as

provided by § 21.4504;

(iii) Have unused entitlement

provided under 38 U.S.C. 3511;

(iv) During the term, quarter, or

semester for which the loan is granted,

be enrolled on a full-time basis in

pursuit of the approved program of

education in which he or she was

enrolled on the date his or her eligibility

expired under § 21.3046 (a), (b), or (d);

and

(v) Have been enrolled in a program

of education on a full-time basis—

(A) On the date his or her period of

eligibility expired under § 21.3046 (a),

(b), or (d); or

(B) On the last date of the ordinary

term, semester or quarter preceding the

date his or her eligibility expired under

§ 21.3046 (a), (b), or (d), if the delimiting

date fell during a school break or

summer term.

(Authority: 38 U.S.C. 3512(f), 3698)

(c) Limitations. The period for which

a loan may be granted shall not extend

beyond the earliest of the following

dates:

(1) Two years after the expiration of

the period of eligibility as determined

by § 21.3046(a), (b), or (d);

(2) The date on which the eligible

spouse’s or surviving spouse’s

entitlement is exhausted; or
26116 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations

(3) The date on which the eligible

spouse or surviving spouse completes

the approved program of education

which he or she was pursuing on the

date the delimiting period determined

by § 21.3046 (a), (b), or (d) expired.

(Authority: 38 U.S.C. 3512(f), 3698)

(d) Exclusions. No eligible spouse or

surviving spouse shall be authorized an

education loan if he or she has defaulted

on a previous education loan and there

is a remaining unliquidated payment

due VA.

(Authority: 38 U.S.C. 3512(f), 3698)

§ 21.4502 [Amended]

57. In § 21.4502, paragraph (a) is

amended by removing ‘‘veteran or other

eligible person’’ and adding, in its place,

‘‘spouse or surviving spouse’’;

paragraph (b)(2) is amended by

removing ‘‘veteran or other eligible

person’’ and adding, in its place,

‘‘eligible spouse or surviving spouse’’;

paragraph (b)(3) is amended by

removing ‘‘veteran or other eligible

person’’ and adding, in its place,

‘‘eligible spouse or surviving spouse’’;

and paragraph (b)(4) is amended by

removing ‘‘veteran or other eligible

person’’ wherever it appears, and

adding, in its place, ‘‘eligible spouse or

surviving spouse’’.

58. In § 21.4503, paragraph (a)(1) is

amended by removing ‘‘veteran or other

eligible person’’ and adding, in its place,

‘‘eligible spouse or surviving spouse’’;

paragraphs (b)(4), (b)(5), (b)(10), and

(b)(11) are removed; paragraphs (b)(6),

(b)(7), (b)(8), and (b)(9) are redesignated

as paragraphs (b)(4), (b)(5), (b)(6), and

(b)(7), respectively; the authority

citation following newly redesignated

paragraph (b)(4) is amended by

removing ‘‘3698(b)’’ and adding, in its

place, ‘‘3512(f), 3698(b)’’; newly

redesignated paragraph (b)(5) is

amended by removing ‘‘veteran or other

eligible person’’ and adding, in its place,

‘‘eligible spouse or surviving spouse’’;

newly redesignated paragraph (b)(7) is

amended by removing ‘‘veteran or other

eligible person’’ and adding, in its place,

‘‘spouse or surviving spouse’’; and

paragraph (b)(2) and newly redesignated

paragraph (b)(6) are revised to read as

follows:

§ 21.4503 Determination of loan amount.

* * * * *

(b) Amount. * * *

(2) The aggregate of the amounts any

eligible spouse or surviving spouse may

borrow for an education loan may not

exceed $2,500 in any one academic

year. It also may not exceed an amount

determined by multiplying the number

of months of educational assistance to

which the eligible spouse or surviving

spouse would be entitled were it not for

the expiration of his or her delimiting

period under 38 U.S.C. 3511 times $376.

(Authority: 38 U.S.C. 3512(f), 3698)

* * * * *

(6) An eligible spouse or surviving

spouse may receive more than one loan

covering separate loan periods, subject

to paragraphs (b)(3) and (b)(7) of this

section.

* * * * *

59. In § 21.4504, paragraph (d) is

amended by removing ‘‘veteran or other

eligible person’’ each place it appears,

and adding, in its place, ‘‘spouse or

surviving spouse’’ and by removing

‘‘veteran’s or eligible person’s’’ and

adding, in its place, ‘‘eligible spouse’s or

surviving spouse’s’’; paragraph (e) is

amended by removing ‘‘veteran or

eligible person’’ and adding, in its place,

‘‘spouse or surviving spouse’’;

paragraph (f) is amended by removing

‘‘veteran or eligible person’’ each place

it appears, and adding, in its place,

‘‘spouse or surviving spouse’’;

paragraph (g) is amended by removing

‘‘A veteran or eligible person’’ and

adding, in its place, ‘‘An eligible spouse

or surviving spouse’’; and paragraph (a)

introductory text and paragraph (a)(3)(ii)

are revised to read as follows:

§ 21.4504 Promissory note.

(a) General. The agreement by VA to

loan money pursuant to 38 U.S.C.

3512(f) and 3698 to any eligible spouse

or surviving spouse shall be in the form

of a promissory note which shall

include:

* * * * *

(3) * * *

(ii) For loans of less than $600, 1 year

and 7 months after such date for the first

$50 of the loan plus 1 additional month

for each additional $5 of the loan.

* * * * *

§ 21.4505 [Amended]

60. In § 21.4505, paragraph (a) is

amended by removing ‘‘veteran or

eligible person’’ each place it appears,

and adding, in its place, ‘‘eligible

spouse or surviving spouse’’; paragraph

(b)(1) is amended by removing ‘‘veteran

or eligible person’’ and adding, in its

place, ‘‘eligible spouse or surviving

spouse’’; paragraph (b)(2) introductory

text is amended by removing ‘‘veterans

and other eligible persons’’,and adding,

in its place, ‘‘spouses or surviving

spouses’’; and the authority citation

following paragraph (b) is amended by

removing ‘‘3698’’ and adding, in its

place, ‘‘3512(f), 3698’’.

§ 21.4507 [Amended]

61. In § 21.4507, paragraph (a) is

amended by removing ‘‘persons’’ and

adding, in its place, ‘‘spouses and

surviving spouses’’; paragraph (b) is

amended by removing ‘‘veterans and

other eligible persons’’ and adding, in

its place, ‘‘spouses and surviving

spouses’’; and the authority citation is

amended by removing ‘‘3696’’ and

adding, in its place, ‘‘3512(f), 3696’’.

Subpart F–2—[Removed]

62. Subpart F–2 is removed.

Subpart K—All Volunteer Force

Educational Assistance Program

(Montgomery GI Bill—Active Duty)

63. The authority citation for subpart

K continues to read as follows:

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

unless otherwise noted.

64. The heading for subpart K is

revised to read as set forth above.

65. In § 21.7000, paragraph (b) is

revised to read as follows:

§ 21.7000 Establishment of educational

assistance program.

* * * * *

(b) Purpose. The purpose of this

program is as stated in 38 U.S.C. 3001.

(Authority: 38 U.S.C. 3001)

66. In § 21.7044, the section heading

and paragraphs (a)(1) and (b)(1) are

revised to read as follows:

§ 21.7044 Persons with eligibility under 38

U.S.C. chapter 34.

* * * * *

(a) Eligibility based solely on active

duty. * * *

(1) The individual must have met the

requirements of 38 U.S.C. chapter 34, as

in effect on December 31, 1989,

establishing eligibility for educational

assistance allowance under that chapter;

* * * * *

(b) Eligibility based on combined

active duty service and service in the

Selected Reserve. * * *

(1) The individual must have met the

requirements of 38 U.S.C. chapter 34, as

in effect on December 31, 1989,

establishing eligibility for educational

assistance allowance under that chapter;

* * * * *

§ 21.7135 [Amended]

67. In § 21.7135, paragraph (f)(3) is

amended by removing ‘‘21.7140(b) of

this part’’ and adding, in its place,

‘‘21.7140(d)’’; paragraph (i) is amended

by removing ‘‘of this part’’ wherever it

appears; paragraphs (j)(1), (k)(1), (n),

and (o) are amended by removing ‘‘of

this part’’; paragraph (p) is amended by
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26117

removing ‘‘of this part’’ each place it

appears; paragraph (r) is amended by

removing ‘‘of this part’’ each place it

appears; and paragraph (t) is amended

by removing ‘‘of this part’’.

§ 21.7140 [Amended]

68. In § 21.7140, paragraph (c)(1)(i) is

amended by removing ‘‘of this part’’;

paragraph (c)(2) introductory text is

amended by removing ‘‘after-’’ and

adding, in its place, ‘‘after—’’; paragraph

(c)(2)(i) is amended by removing ‘‘of this

part’’; paragraph (c)(2)(ii) is amended by

removing ‘‘worked’’ and adding, in its

place, ‘‘worked.’’; paragraph (d)(1) is

amended by removing ‘‘of this part’’

wherever it appears; paragraphs (d)(2)(i)

and (d)(2)(ii) are amended by removing

‘‘Vocational Rehabilitation and’’

wherever it appears; and paragraph

(e)(2) is amended by removing ‘‘of this

part’’.

69. Section 21.7141 is revised to read

as follows:

§ 21.7141 Tutorial assistance.

An individual who is otherwise

eligible to receive benefits under the

Montgomery GI Bill - Active Duty may

receive supplemental monetary

assistance to provide tutorial services.

In determining whether VA will pay the

individual this assistance, VA will

apply the provisions of § 21.4236.

(Authority: 38 U.S.C. 3019, 3492)

§ 21.7145 [Removed]

70. Section 21.7145 is removed.

§ 21.7154 [Amended]

71. In § 21.7154, paragraph (b) is

removed, and paragraph (c) is

redesignated as paragraph (b).

§ 21.7158 [Amended]

72. In § 21.7158, paragraph (b)(1) is

amended by removing ‘‘21.744(b)’’ and

adding, in its place, ‘‘21.7144(b)’’.

[FR Doc. 96–12548 Filed 5–23–96; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300412A; FRL–5359–4]

RIN 2070–AB78

Oxo-Alkyl Acetates; Tolerance

Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document exempts from

the requirements of a tolerance residues

of a group of chemicals known as oxoalkyl acetates [oxo-hexyl acetate (CAS

Reg. No. 88230–35–7), oxo-heptyl

acetate (CAS Reg. No. 90438–79–2), oxooctyl acetate (CAS Reg. No. 108419–32–

5), oxo-nonyl acetate (CAS Reg.

No.108419–34–7), oxo-decyl acetate

(CAS Reg. No. 108419–33–6), and oxotridecyl acetate (CAS Reg. No. 108419–

35–8)] when used as a solvent in

pesticide formulations. This regulation

was requested by Exxon Chemical Co.,

Performance Products Group.

EFFECTIVE DATE: May 24, 1996.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [OPP–

300412A], may be submitted to: Hearing

Clerk (1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk should be

identified by the document control

number and submitted to: Public

Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, bring copy of objections and

hearing requests to: Rm. 1132, CM #2,

1921 Jefferson Davis Hwy., Arlington,

VA 22202.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect in 5.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket number [OPP–300412A]. No

Confidential Business Information (CBI)

should be submitted through e-mail.

Electronic copies of objections and

hearing requests on this rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found

below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Amelia M. Acierto, Registration

Support Branch, Registration Division

(7505W), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location, telephone number, and

e-mail address: 2800 Crystal Drive,

North Tower, Arlington, VA, 703–308–

8375; e-mail:

acierto.amelia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of February 14, 1996

(61 FR 5728), Exxon Chemical Co.,

Performance Products Group, Linden,

NJ 07036, submitted pesticide petition

(PP) 3E04267 to EPA requesting that the

Administrator, pursuant to section

408(e) of the Federal Food, Drug, and

Cosmetic Act (FFDCA), 21 U.S.C.

346a(e), propose to amend 40 CFR

180.1001(d) by establishing an

exemption from the requirement of a

tolerance for oxo-alkyl acetates [oxohexyl acetate (CAS Reg. No. 88230–35–

7), oxo-heptyl acetate (CAS Reg. No.

90438–79–2), oxo-octyl acetate (CAS

Reg. No. 108419–32–5), oxo-nonyl

acetate (CAS Reg. No. 108419–34–7),

oxo-decyl acetate (CAS Reg. No.

108419–33–6), and oxo-tridecyl acetate

(CAS Reg. No. 108419–35–8)] when

used as solvents in pesticide

formulations applied to growing crops

only.

There were no comments received in

response to the proposed rule.

Based upon an evaluation of the

toxicological data which shows no

evidence of mutagenicity (Ames Test),

and no significant acute and subchronic

or developmental toxicity of the

branched alkyl acetates in this

molecular weight range (C8-C13 alkyl

acetates), the Agency concludes that this

chemical poses no significant risks

under the conditions of use and that no

further data are required.

Based upon the toxicological data

evaluated, the physico-chemical

properties of oxo-alkyl acetates and

information regarding their use, the

Agency has found that, when used in

accordance with good agricultural

practice, these ingredients are useful

and a tolerance is not necessary to

protect the public health. Therefore,

EPA is exempting oxo-alkyl acetates

from the requirement of a tolerance as

set forth below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

to the regulation and may also request

a hearing on those objections.

Objections and hearing requests must be

filed with the Hearing Clerk, at the

address given above (40 CFR 178.20). A

copy of the objections and/or hearing

requests filed with the Hearing Clerk

should be submitted to the OPP docket

for this rulemaking. The objections

submitted must specify the provisions