Vocational rehabilitation and education: Veterans education— Active Duty; cooperative training; rates payable increase,

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Federal Register: May 21, 1998 (Volume 63, Number 98)Rules and RegulationsPage 27853-27854From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr21my98-11

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AJ10

Veterans Education: Increase in Rates Payable for Cooperative Training Under the Montgomery GI Bill--Active Duty

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the educational assistance and educational benefits regulations of the Department of Veterans Affairs (VA). The Veterans' Benefits Act of 1997 provided a new statutory formula for use in calculating the monthly rates of educational assistance payable under the Montgomery GI Bill--Active Duty to someone pursuing cooperative training. The new formula increases the monthly rates of educational assistance, effective from October 9, 1996, for veterans in cooperative training who were formerly eligible for assistance under the Veteran Era GI Bill. This final document amends the regulations to reflect the increased rates.

DATES: Effective Date: October 9, 1996

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education Advisor, Education Service, Veterans Benefits Administration, (202) 273-7187.

SUPPLEMENTARY INFORMATION: VA is amending the ``ALL VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM (MONTGOMERY GI BILL--ACTIVE DUTY)'' regulations set forth at 38 CFR Part 21, Subpart K. VA is required by statute to calculate the monthly rate of educational assistance payable to veterans and servicemembers training under the Montgomery GI Bill-- Active Duty (MGIB). The calculation is based on statutory formulas.

Effective October 9, 1996, Pub. L. 105-114 changed the statutory formula used to determine the monthly rate of educational assistance under the MGIB payable to a veteran in cooperative training who was formerly eligible for assistance under the Vietnam Era GI Bill. This final rule revises the regulations containing the monthly rate of educational assistance payable to such a veteran to reflect the new statutory formula.

The changes set forth in this final rule are applied from the effective date of the statutory changes.

This final rule merely reflects statutory requirements and adjustments made based on the newly established formula. 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 and does not directly affect small entities. This final rule directly affects only individuals. Pursuant to 5 U.S.C. 605(b), this final rule, therefore, is exempt from the initial and final regulatory flexibility

[Page 27854]analyses requirements of sections 603 and 604.

The Catalog of Federal Domestic Assistance number for the program affected by this final rule is 64.124.

List of Subjects in 38 CFR Part 21

Administrative practice and procedure, Armed forces, Civil rights, Claims, Colleges and universities, Conflict of interests, Defense Department, Education, Employment, Grant programs-education, Grant programs-veterans, Health programs, 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 12. 1998. Togo D. West, Jr., Secretary.

For the reasons set out above, 38 CFR part 21, subpart K, is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart K--All Volunteer Force Educational Assistance Program (Montgomery GI Bill--Active Duty)

1. The authority citation for part 21, subpart K continues to read as follows:

Authority: 38 U.S.C. 501(a), chs. 30, 39, unless otherwise noted.

2. In Sec. 21.7137, paragraph (a)(3) is revised to read as follows:

Sec. 21.7137 Rates of payment of basic educational assistance for individuals with remaining entitlement under 38 U.S.C. ch. 34.

  (a) * * *

  (3) The monthly rate payable to a veteran who is pursuing a cooperative course is the rate stated in the following table:

Monthly rate

Additional Training period

No

One

Two

for each dependents dependent dependents additional dependent

Oct. 9, 1996-Sept. 30, 1997................................. $615.87 $651.37 $682.87 $16.00 On or after Oct. 1, 1997.................................... 627.85 663.85 694.85

16.00

(Authority: 38 U.S.C. 3015)

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FR Doc. 98-13526Filed5-20-98; 8:45 amBILLING CODE 8320-01-P

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