29028 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations

applicability to removal of Board

records. Previous paragraphs (b) through

(e) restate statutory and other regulatory

provisions regarding access to records

which we believe are unnecessary in the

Board’s Rules of Practice.

This final rule concerns agency

procedure or practice and,

consequently, pursuant to 5 U.S.C. 553,

is exempt from notice and comment

requirements.

The Secretary 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 rule will

affect VA beneficiaries and will not

affect small businesses. 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.

List of Subjects in 38 CFR Part 20

Administrative practice and

procedure, Claims, Lawyers, Legal

services, Veterans.

Approved: May 31, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 20 is amended as

set forth below:

PART 20—BOARD OF VETERANS’

APPEALS: RULES OF PRACTICE

1. The authority citation for part 20

continues to read as follows:

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

Subpart G—Representation

§ 20.606 [Amended]

2. In § 20.606, paragraph (a) is

removed; and paragraphs (b), (c), (d) and

(e) are redesignated as paragraphs (a),

(b), (c) and (d), respectively.

3. In § 20.606, newly redesignated

paragraph (c) is amended by removing

‘‘paragraph (b)’’ in the fourth sentence

and adding, in its place, ‘‘paragraph (a)’’

4. In § 20.606, newly redesignated

paragraph (d) is amended by adding ‘‘or

presiding Member’’ immediately

following ‘‘Chairman’’ in the last

sentence.

Subpart H—Hearings on Appeal

5. Section 20.710 is revised to read as

follows:

§ 20.710 Rule 710. Witnesses at hearings.

The testimony of witnesses, including

appellants, will be heard. All testimony

must be given under oath or affirmation.

Oath or affirmation is not required for

the sole purpose of presenting

contentions and argument.

Authority: 38 U.S.C. 7102, 7105(a), 7107.

Subpart N—Miscellaneous

6. Section 20.1300 is revised to read

as follows:

§ 20.1300 Rule 1300. Removal of Board

records.

No original record, paper, document

or exhibit certified to the Board may be

taken from the Board except as

authorized by the Chairman or except as

may be necessary to furnish copies or to

transmit copies for other official

purposes.

Authority: 38 U.S.C. 5701.

[FR Doc. 96–14364 Filed 6–6–96; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AH64

Post-Vietnam Era Veterans’

Educational Assistance: Miscellaneous

AGENCIES: Department of Defense and

Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

regulations concerning the Post-Vietnam

Era Veterans’ Educational Assistance

Program (VEAP). It removes provisions

that are obsolete, duplicative, or

otherwise unnecessary. It also makes

changes for purposes of clarification.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 202–273–7187.

SUPPLEMENTARY INFORMATION: The

regulations governing VEAP are set forth

in 38 CFR Part 21, Subpart G (see 38

CFR 21.5001 through 21.5300). This

document amends these regulations as

discussed below.

Section 21.5001 is revised to specify

delegations of authority to various

employees to make decisions

concerning claims for benefits under

VEAP. Previously these delegations

were included by incorporation by

reference.

Section 21.5020 is revised by referring

readers to applicable statutory

provisions instead of restating the

statutory provisions.

Section 21.5021 is amended to correct

a typographical error.

Section 21.5022 is amended to update

information concerning the relationship

between VEAP benefits and other

benefit programs.

Section 21.5040 contained a

paragraph that required each person

who was eligible for educational

assistance under both the Vietnam Era

GI Bill and VEAP to elect under which

program he or she wished to receive

benefits. These provisions are removed.

Since the Vietnam Era GI Bill has

expired, no one is eligible under both

programs. However, if such an election

was made in the past, it remains

irrevocable by statute (see 38 U.S.C.

3221(f)).

Section 21.5058 is amended by

removing a reference to § 21.4703, since

§ 21.4703 was removed by another

Federal Register document. Also, the

reference to § 21.4703 is replaced by a

reference to the corresponding statutory

provision.

Section 21.5060 contained material

concerning disenrollment from VEAP by

individuals who instead chose to

participate in the Vietnam Era GI Bill.

Since individuals can no longer do that,

the material is removed.

Section 21.5064 contained provisions

concerning an officer adjustment

benefit. Eligibility can no longer be

established for this benefit. Therefore,

this material is obsolete and is removed.

Section 21.5074 contained provisions

for reducing the monthly payment made

to a VEAP participant who has

excessive absences during that month.

Due to a statutory change, these

provisions applied only to absences

occurring prior to December 18, 1989.

Consequently, this section is obsolete

and is removed.

Section 21.5100 is amended by

replacing obsolete authority citations

with current citations.

Section 21.5103 is amended by

removing obsolete rules concerning

when travel connected with counseling

will be reimbursed by the Department of

Veterans Affairs (VA), and replacing

those rules with a reference to the

sections of the U.S. Code that govern

these reimbursements.

Section 21.5130 contained statements

as to which of several regulations

governing payments of educational

assistance VA will apply to the

payments of educational assistance

under VEAP. This section is revised to

eliminate references to sections and

paragraphs that no longer exist.

Section 21.5132 is amended by

removing provisions that are no longer

necessary because they applied only to

payments that have already been made.
Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations 29029

Section 21.5141 contained the rules

for determining the amount of tutorial

assistance for which a VEAP participant

may be eligible. The method for making

this determination is the same as the

method used in determining tutorial

assistance for several of the other

educational assistance programs VA

administers, such as the Montgomery GI

Bill—Active Duty program. Hence,

instead of repeating the detailed

instructions in § 21.5141, the same

instructions in § 21.4236 are

incorporated by reference.

Section 21.5145 is removed because it

is no longer necessary. VA recently

revised § 21.4145 so that it applies to

VA’s work-study programs in all the

education programs VA administers.

There is no need for a separate

regulation restating work-study

provisions for VEAP participants.

In § 21.5200, paragraph (f) contained

material concerning absences which, as

noted above, no longer is applicable.

Hence, this material is obsolete and is

removed.

Section 21.5300, and a reference in

§ 21.5292 to § 21.5300, are removed

because § 21.5300 merely concerned the

applicability of sections that were

removed by another Federal Register

document.

This document also makes changes to

some of the sections referred to above

for clarification.

This document removes provisions

that are obsolete, duplicative, or without

substantive effect 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 and

the Secretary of Defense hereby certify

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 §§ 603 and

604.

The Catalog of Federal Domestic

Assistance number for the program

affected by these regulations is 64.120.

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 programs—

veterans, Manpower training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: May 22, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

Samuel E. Ebbesen,

Lieutenant General, USA, Deputy Assistant

Secretary (Military Personnel Policy),

Department of Defense.

For the reasons set out in the

preamble, 38 CFR part 21 (subpart G) is

amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart G—Post-Vietnam Era

Veterans’ Educational Assistance

Under 38 U.S.C. Chapter 32

1. The authority citation for 38 CFR

part 21, subpart G is revised to read as

follows:

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

otherwise noted.

2. Section 21.5001 is revised to read

as follows:

§ 21.5001 Administration of benefits: 38

U.S.C. Chapter 32.

(a) 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 32 and the applicable

regulations, precedents, and

instructions, as to the program

authorized by subpart G of this part.

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

(b) Administrative provisions. In

administering benefits payable under 38

U.S.C. Chapter 32, VA will apply the

following sections:

(1) Section 21.4002—Finality of

decisions;

(2) Section 21.4003 (except

paragraphs (d) and (e))—Revision of

decisions;

(3) Section 21.4005—Conflicting

interests;

(4) Section 21.4006—False or

misleading statements;

(5) Section 21.4007—Forfeiture;

(6) Section 21.4008—Prevention of

overpayments; and

(7) Section 21.4009—Overpayments;

waiver or recovery.

(Authority: 38 U.S.C. 3241(a), 3680, 3683,

3685, 3690, 6103)

3. Section 21.5020 is revised to read

as follows:

§ 21.5020 Post-Vietnam era veterans’

educational assistance.

Title 38 U.S.C. Chapter 32 provides

for a participatory program for

educational assistance benefits to

eligible veterans and servicepersons.

The intent of the Congress for this

program is stated in 38 U.S.C. 3201.

(Authority: 38 U.S.C. 3201)

4. In § 21.5021, the authority citation

following paragraph (b)(5) is amended

by removing ‘‘320’’ and adding, in its

place, ‘‘3202)’’ and the authority citation

following paragraph (c) is amended by

removing ‘‘101’’ and adding, in its

place, ‘‘101(20)’’.

5. In § 21.5022, paragraphs (a),

(b)(1)(i), (b)(1)(ii), (b)(1)(iii), and

(b)(1)(iv) are revised, and paragraphs

(b)(1)(v), (b)(1)(vi), and (b)(1)(vii) are

added, to read as follows:

§ 21.5022 Eligibility under more than one

program.

(a) Concurrent benefits under more

than one program. An individual may

not receive educational assistance under

38 U.S.C. Chapter 32 concurrently with

benefits under any of the following

provisions of law:

(1) 38 U.S.C. Chapter 31;

(2) 38 U.S.C. Chapter 35;

(3) 10 U.S.C. Chapter 107;

(4) 10 U.S.C. Chapter 1606;

(5) Section 903 of the Department of

Defense Authorization Act, 1981 (10

U.S.C. 2141 note); or

(6) The Omnibus Diplomatic Security

and Antiterrorism Act of 1986.

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

(b) Total eligibility under more than

one program.

(1) * * *

(i) 38 U.S.C. Chapter 30;

(ii) 38 U.S.C. Chapter 35;

(iii) 10 U.S.C. Chapter 107;

(iv) 10 U.S.C. Chapter 1606;

(v) Section 903 of the Department of

Defense Authorization Act, 1981 (10

U.S.C. 2141, note);

(vi) The Hostage Relief Act of 1980 (5

U.S.C. 5561 note); or

(vii) The Omnibus Diplomatic

Security and Antiterrorism Act of 1986.

* * * * *

6. In § 21.5040, paragraph (g) is

removed and paragraph (h) is

redesignated as paragraph (g).

7. In § 21.5058, paragraph (b) is

amended by removing ‘‘§ 21.4703 of this

part’’ and adding, in its place, ‘‘sec. 207,

Pub. L. 101–366, 104 Stat. 442,’’.
29030 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations

8. In § 21.5060, paragraph (a)(2) is

revised to read as follows:

§ 21.5060 Disenrollment.

(a) Voluntary disenrollment. * * *

(2) At any time within the initial 12

months of participation, an individual

may elect to disenroll for reasons of

personal hardship only.

(Authority: 38 U.S.C. 3221(a), (b))

* * * * *

9. In § 21.5064, paragraphs (b)(1) and

(b)(2) are revised to read as follows:

§ 21.5064 Refund upon disenrollment.

* * * * *

(b) Effective date of refund. * * *

(1) If an individual voluntarily

disenrolls from the program before

discharge or release from active duty,

VA will refund the individual’s unused

contributions:

(i) On the date of the participant’s

discharge or release from active duty; or

(ii) Within 60 days of VA’s receipt of

notice of the individual’s discharge or

disenrollment; or

(iii) As soon as possible after VA’s

receipt of notice indicating that an

earlier refund is needed due to hardship

or for other good reasons.

(Authority: 38 U.S.C. 3223(b), 3232)

(2) If an individual voluntarily

disenrolls from the program after

discharge or release from active duty

under other than dishonorable

conditions, his or her contributions

shall be refunded within 60 days of

receipt by VA of an application for a

refund from the individual.

(Authority: 38 U.S.C. 3202(1)(A), 3223(c),

3232(b))

* * * * *

§ 21.5074 [Removed]

10. Section 21.5074 is removed.

§ 21.5100 [Amended]

11. In § 21.5100, the authority citation

following paragraph (b) is amended by

removing ‘‘3463; Pub. L. 96–466, Pub. L.

99–576’’, and adding, in its place,

‘‘3697A(a)’’; the authority citation

following paragraph (c) is amended by

removing ‘‘3463; Pub. L. 99–466, Pub. L.

99–576’’ and adding, in its place, ‘‘3241,

3697A (a) and (b)’’; and the authority

citation following paragraph (d) is

amended by removing ‘‘3697A’’ and

adding, in its place, ‘‘3697A(c)’’.

12. Section 21.5103 is revised to read

as follows:

§ 21.5103 Travel expenses.

(a) General. VA shall determine and

pay the necessary expense of travel to

and from the place of counseling for a

veteran 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 veteran.

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

13. In § 21.5130, paragraph (a) is

amended by removing ‘‘(except

paragraph (e))’’; the authority citations

following paragraphs (a) and (b) are

removed; paragraph (d) is amended by

removing ‘‘paragraphs (b), (c), (d), (o),

and (v)’’ and adding, in its place,

‘‘paragraph (b)’’; the authority citation

following paragraph (d) is removed;

paragraph (e) is amended by removing

‘‘paragraphs (a), (b), and (c)’’ and

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

paragraph (f) is removed; paragraphs (g)

and (h) are redesignated as paragraphs

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

citations following newly redesignated

paragraphs (f) and (g) are amended by

removing ‘‘3241’’ and adding, in its

place, ‘‘3241(a)’’; and the introductory

text is revised to read as follows:

§ 21.5130 Payments; educational

assistance allowance.

VA will apply the following sections

in administering benefits payable under

38 U.S.C. Chapter 32:

* * * * *

14. In § 21.5132, paragraph (b)(2) is

removed; and paragraph (b)(3) is

redesignated as paragraph (b)(2) and is

revised to read as follows:

§ 21.5132 Criteria used in determining

benefit payments.

* * * * *

(b) Contributions. * * *

(2) The amount the Secretary of

Defense has contributed to the fund for

the individual.

(Authority: 38 U.S.C. 3231)

15. Section 21.5141 is revised to read

as follows:

§ 21.5141 Tutorial assistance.

An individual who is otherwise

eligible to receive benefits under the

Post-Vietnam Era Veterans’ 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. 3234, 3492)

§ 21.5145 [Removed]

16. Section 21.5145 is removed.

§ 21.5200 [Amended]

17. In § 21.5200, paragraph (f) is

removed and reserved.

§ 21.5292 [Amended]

18. In § 21.5292, paragraph (e)(2) is

amended by removing ‘‘21.5300’’ and

adding, in its place, ‘‘21.5270’’.

19. The undesignated center heading

preceding § 21.5300 is removed.

§ 21.5300 [Removed]

20. Section 21.5300 is removed.

[FR Doc. 96–14202 Filed 6–6–96; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 2120, 4100, 4600

[WO–160–1820–02–24 1A]

RIN 1004–AC66

Leases; Grazing Administration

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rule.

SUMMARY: This administrative final rule

transfers the regulations at 43 CFR

Subpart 2120 in their entirety to a new

43 CFR Part 4600 which is under

Subchapter D, Range Management. The

regulations at former part 2120 were

included under 43 CFR Group 2100,

Acquisitions. The regulations at the

former Part 2120 implement provisions

of the Pierce Act (43 U.S.C. 315m-1 to

315m-4 inclusive) to provide for the

lease of State, county or privately

owned land located in grazing districts.

The purpose of this transfer is to

consolidate all range management

regulations for public convenience in

one area of Title 43. This administrative

final rule also adds a reference to new

Part 4600 in Subpart 4130 and corrects

a cross reference citation in former part

2120.

EFFECTIVE DATE: July 8, 1996.

FOR FURTHER INFORMATION CONTACT:

Frank Bruno, Regulatory Management,

(202) 452–0352.

SUPPLEMENTARY INFORMATION: This

section of the regulations explains that

the Bureau of Land Management (BLM)

may seek to lease land from the owners

of State, county, or privately owned

lands located within grazing districts

that are chiefly valuable for grazing and

are necessary to promote the orderly

use, improvement and development of

grazing districts. This section of the

regulations has been in 43 CFR Group

2100, entitled Acquisitions, because this