[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29481-29483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14370]



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DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AI04


Montgomery GI Bill--Selected Reserve: Miscellaneous

AGENCIES: Department of Defense, Department of Transportation (Coast 
Guard), and Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends regulations concerning the Montgomery GI 
Bill--Selected Reserve program. It removes provisions that are 
obsolete, duplicative, or otherwise unnecessary. It also makes changes 
for purposes of clarification.

EFFECTIVE DATE: June 11, 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 the Montgomery GI 
Bill--Selected Reserve program are found in 38 CFR, Part 21, Subpart L 
(see

[[Page 29482]]

38 CFR 21.7500 through 21.7810). This document amends these regulations 
as discussed below.
    Section 21.7639(a) contained provisions for reducing educational 
assistance for reservists due to excessive absences. Due to a statutory 
change, these provisions applied only to absences occurring prior to 
December 18, 1989. Consequently, this paragraph is unnecessary and is 
removed.
    Section 21.7639(e) provided that in certain instances a reservist's 
monthly payment would be reduced if he or she enrolled in a course 
offered by a combination of on-campus training and independent study. 
Because of a statutory change, there no longer is a basis for reducing 
monthly payments for such enrollments. Therefore, that paragraph is 
removed.
    In addition, Sec. 21.7639(f)(1) discussed payment for independent 
study begun before July 1, 1993. The reservists affected by that 
paragraph have been paid. Accordingly, it is unnecessary and is 
removed.
    Section 21.7640(b) is amended to reflect organizational changes 
previously made within the Department of Veterans Affairs (VA).
    Section 21.7645 is removed because it is no longer necessary. VA 
recently revised Sec. 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 
participants in the Montgomery GI Bill--Selected Reserve program.
    Section 21.7652 is amended to remove an obsolete reference and to 
correct a typographical error.
    Section 21.7672 contained many provisions concerning course 
measurement for courses begun before July 1, 1993. Those provisions are 
no longer needed because the reservists in those courses already have 
been paid for their training. This document amends the course 
measurement provisions accordingly.
    Section 21.7801 is amended to reflect organizational changes 
previously made within VA.
    Section 21.7810 is removed. Paragraph (a) was duplicative of 
provisions concerning civil rights matters in 38 CFR Parts 18, 18a, and 
18b. Paragraph (b) merely concerned the applicability of provisions 
that were removed by another Federal Register document.
    This document also makes changes for clarification to some of the 
sections referred to above and to other sections in Subpart L.
    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, the Secretary of Defense, and 
the Commandant of the Coast Guard 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 
Secs. 603 and 604.
    There is no Catalog of Federal Domestic Assistance number for the 
program affected by these regulations.

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.

    Approved: May 29, 1996.
Al H. Bemis,
Deputy Assistant Secretary of Defense for Reserve Affairs (M&P).

    Approved: May 31, 1996.
R. M. Larrabee,
Rear Admiral, U.S. Coast Guard, Director of Reserve and Training.

    For the reasons set out in the preamble, 38 CFR part 21 (subpart L) 
is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart L--Educational Assistance for Members of the Selected 
Reserve

    1. The authority citation for 38 CFR part 21, subpart L is revised 
to read as follows:

    Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501, unless otherwise 
noted.

    2. In Sec. 21.7639, the introductory text is amended by removing 
``of this part''; paragraphs (a), (e), and (f)(1) are removed; 
paragraphs (b), (c), (d), (f)(2), (f)(3), (g), (h), (i), (j), and (k) 
are redesignated as paragraphs (a), (b), (c), (d)(1), (d)(2), (e), (f), 
(g), (h), and (i), respectively; newly redesignated paragraph (a)(1) 
introductory text is amended by removing ``unless;'' and adding, in its 
place, ``unless''; newly redesignated paragraph (a)(1)(ii)(B) is 
amended by removing ``veteran or servicemember'' and adding, in its 
place, ``reservist''; newly redesignated paragraph (c)(2)(i) is amended 
by removing ``the VA'' and adding, in its place, ``VA''; newly 
redesignated paragraph (c)(2)(ii) is amended by removing ``of this 
part''; newly redesignated paragraph (c)(3) introductory text is 
amended by removing ``(d)(2)(i)'' and adding, in its place, 
``(c)(2)(i)''; and newly redesignated paragraph (c)(3)(ii) is amended 
by removing ``(d)(3)(i)'' and adding, in its place, ``(c)(3)(i)''.


Sec. 21.7640  [Amended]

    3. In Sec. 21.7640, paragraph (b)(1) is amended by removing ``of 
this part'' both places it appears; paragraph (b)(2)(i) is amended by 
removing ``Vocational Rehabilitation and''; and paragraph (b)(2)(ii) is 
amended by removing ``Vocational Rehabilitation and'' both places it 
appears.


Sec. 21.7645  [Removed]

    4. Section 21.7645 is removed.


Sec. 21.7652  [Amended]

    5. In Sec. 21.7652, paragraph (c)(2)(ii) is removed; paragraphs 
(c)(2)(iii), (c)(2)(iv), (c)(2)(v), and (c)(2)(vi) are redesignated as 
paragraphs (c)(2)(ii), (c)(2)(iii), (c)(2)(iv), and (c)(2)(v), 
respectively; and newly redesignated paragraph (c)(2)(v) is amended by 
removing ``of'' and adding, in its place, ``or''.
    6. In Sec. 21.7672, paragraphs (a)(3), (b)(1), (c), (d), and (e) 
are removed; paragraphs (a)(4), (b)(2), (b)(3), (b)(4), (b)(5), and (f) 
are redesignated as paragraphs (a)(3), (b)(1), (b)(2), (b)(3), (b)(4), 
and (c), respectively; newly redesignated paragraph (b)(1)(i) is 
amended by removing ``of this part''; newly redesignated paragraph 
(b)(3) is amended by removing ``paragraph (f)'' each time it appears 
and adding, in its place, ``paragraph (c)''; and paragraph (a)(2), 
newly redesignated paragraph (a)(3), and the introductory text of newly 
redesignated paragraph (c) are revised, to read as follows:

[[Page 29483]]

Sec. 21.7672  Measurement of courses not leading to a standard college 
degree.

    (a) Overview. * * *
    (2) In determining which is the correct basis for measuring a 
reservist's enrollment, VA will first examine whether credit-hour 
measurement is appropriate, as provided in paragraph (b) of this 
section.
    (3) If it is not appropriate to measure a reservist's enrollment on 
a credit-hour basis, VA will measure the enrollment on a clock-hour 
basis as described in paragraph (c) of this section.

    (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3688(b))
* * * * *
    (c) Clock-hour measurement. The provisions of this paragraph apply 
to all enrollments in courses not leading to a standard college degree. 
If VA concludes that the courses in which a reservist is enrolled do 
not qualify for credit-hour measurement, VA shall measure those courses 
as follows. (Supervised study shall be excluded from measurement of all 
courses to which this paragraph applies).
* * * * *


Sec. 21.7801   [Amended]

    7. In Sec. 21.7801, paragraph (a) is amended by removing 
``Vocational Rehabilitation and''; and by removing ``Chief Benefits 
Director'' both places it appears and adding, in its place, ``Under 
Secretary for Benefits''; and paragraph (b) is amended by removing ``of 
this part''.
    8. In Sec. 21.7802, the introductory text of paragraph (a) is 
amended by removing ``VA facility'' and adding, in its place, ``the VA 
facility of''; and paragraph (a)(3) is amended by removing ``of this 
part'', and by removing ``Chapter'' and adding, in its place, 
``chapter''.


Sec. 21.7805   [Amended]

    9. Section 21.7805 is amended by removing ``of this part''.


Sec. 21.7810   [Removed]

    10. Section 21.7810 is removed.

[FR Doc. 96-14370 Filed 6-10-96; 8:45 am]
BILLING CODE 8320-01-P