[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10018]


[Federal Register: April 28, 1994]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AG54


Veterans Education; Flight Training

AGENCY: Department of Veterans Affairs.

ACTION: Final regulations.

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SUMMARY: These amended regulations permit pilot flight training 
pursuant to 14 CFR, Part 61, conducted in flight simulators to be 
approved for purposes of VA (Department of Veterans Affairs) 
administered education benefits when such training is authorized by the 
FAA (Federal Aviation Administration). These regulations also provide 
for approval of solo flight training for such education benefits 
purposes, as authorized by the Veterans Benefits Act of 1992.

EFFECTIVE DATES: The amendments to Secs. 21.4263(g)(1), 21.4263(g)(4), 
21.4263(g)(4)(ii) and the new paragraph 21.4263(h)(1)(iii) are 
effective September 30, 1990. All other amendments to the regulations 
included here are effective October 1, 1992.

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer (225), Assistant 
Director for Policy and Program Administration, Education Service, 
Veterans Benefits Administration, Department of Veterans Affairs, 810 
Vermont Avenue, NW., Washington, DC 20420, 202-233-2092.

SUPPLEMENTARY INFORMATION: On pages 49196 through 49199 of the Federal 
Register of September 22, 1993, there were published interim final 
regulations with a request for public comment. These regulations 
amended 38 CFR part 21 in order to implement provisions of the Veterans 
Benefits Act of 1992 which affect flight training and to provide for 
approval of flight training in flight simulators for VA educational 
benefit purposes. Interested people were given 30 days to submit 
comments, suggestions or objections. VA received no comments, 
suggestions or objections. Accordingly, these regulations are now 
final.
    To ensure that flight training would achieve the end of qualifying 
the individual for employment in the aviation industry, VA regulation 
Sec. 21.4263 has long restricted approvable training in two ways: (1) 
The entity providing the training must have a pilot school or 
provisional pilot school certificate issued by the FAA under part 141, 
14 CFR (Sec. 21.4263(g)); and (2) the training being offered must meet 
the FAA requirements of either Part 141, in the case of pilots, or part 
63, in the case of flight crew members other than pilots 
(Sec. 21.4263(g)(3)(ii)). Thus, the individual is assured of the 
quality of the training and its ability to enable him or her to meet 
FAA standards for an appropriate certificate or rating in areas 
relevant to commercial aviation.
    For the reasons stated in the Federal Register on September 22, 
1993, these amended regulations now also permit pilot flight training 
pursuant to 14 CFR part 61, conducted in flight simulators to be 
approved for purposes of VA (Department of Veterans Affairs) 
administered education benefits when such training is authorized by the 
FAA (Federal Aviation Administration).
    The Veterans Benefits Act of 1992, Public Law 102-568, contains a 
provision which now allows eligible veterans and servicemembers to 
receive educational assistance allowance for pursuing solo flight 
training. Therefore, these amendments contain provisions governing such 
flight training.
    The Secretary of Veterans Affairs has certified that these amended 
regulations will not have a significant economic impact on a 
substantial number of small entities as they are defined in the 
Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612. Pursuant to 5 
U.S.C. 605(b), the amended regulations, therefore, are exempt from the 
initial and final regulatory flexibility analyses requirements of 
sections 603 and 604.
    This certification can be made because those provisions governing 
solo flight training affect only individuals. While the amended 
regulations governing flight training in a flight simulator will 
directly affect some small entities, VA does not believe that they will 
affect a substantial number of them. Most of the schools or entities 
which now will be able to seek approval are under the control of the 
major airlines. These airlines would not qualify as small entities. 
Furthermore, the economic impact on the few small entities that would 
qualify to seek approval for additional training would be positive 
since there may be additional veterans who would pursue the courses 
offered by those small entities. VA does not think that this would be a 
significant economic impact since the number of veterans enrolling in 
any course would probably be small.
    VA finds that the Administrative Procedures Act allows a 
retroactive effective date for these amended regulations. The amended 
regulations governing flight training in flight simulators contain only 
liberalizing provisions which relieve a restriction imposed on the 
approval of flight courses.
    Furthermore, the department is aware that although the regulations 
did not permit approval of courses offered pursuant to part 61, 14 CFR, 
some courses have been approved due to a misunderstanding as to the 
nature of some of these courses and some veterans have received 
educational assistance for pursuing them. Since, in these cases, FAA-
approved training of the kind covered by these regulations was provided 
based on administrative approval of the courses, VA believes it 
appropriate that this promulgation of regulations also ratify such 
course approvals. Accordingly, VA is making the amendments to 
Secs. 21.4263(g)(1), 21.4263(g)(4), 21.4263(g)(4)(i) and the new 
paragraph 21.4263(h)(1)(iii) effective September 30, 1990, which is the 
same as the effective date for the earliest of these approvals.
    The Department of Veterans Affairs finds that good cause exists for 
making the amendments to remaining regulations, like the provisions of 
law they implement, retroactively effective on October 1, 1992.
    It is necessary to implement these provisions of law as soon as 
possible. These provisions are intended to achieve a benefit for the 
individual. The maximum benefits intended in the legislation will be 
achieved through prompt implementation. Hence, a delayed effective date 
would be contrary to statutory design, would complicate administration 
of these provisions of law; and might result in the denial of a benefit 
to someone who is entitled to it.
    These regulations have been reviewed by OMB (the Office of 
Management and Budget) under Executive Order 12866.
    The Catalog of Federal Domestic Assistance numbers for the programs 
affected by these amended regulations are 64.120, 64.124 and 12.609.

List of Subjects in 38 CFR Part 21

    Civil rights, Claims, Education, Grant programs-education, Loan 
programs-education, Reporting and recordkeeping requirements, Schools, 
Veterans, Vocational education, Vocational rehabilitation.


    Approved: March 15, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
    For the reasons set out in the preamble, 38 CFR part 21, subpart D 
is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart D--Administration of Educational Benefits; 38 U.S.C. 
Chapters 34, 35, and 36

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

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

    2. In Sec. 21.4263 paragraphs (g)(3), (g)(2), (g)(1) and the 
introductory text of paragraph (g) are redesignated paragraphs (g)(4), 
(g)(3), (g)(2) and (g)(1) respectively; newly redesignated paragraphs 
(g)(1), (g)(4) introductory text and (g)(4)(ii) are revised; paragraph 
(h)(1) is revised; paragraphs (h)(3)(i) and (h)(3)(ii) are revised; 
paragraph (h)(4)(i) introductory text is revised and paragraph 
(h)(4)(iii) and its authority citation are added; and the introductory 
text of paragraph (i) is revised to read as follows:


Sec. 21.4263  Flight training--38 U.S.C. chapter 30 and 10 U.S.C. 
chapter 106.

* * * * *
    (g) Requirements for approval. (1) For the purposes of this part, a 
flight course may be approved only if it is offered by a flight school. 
A flight school is a school or entity which meets one of the following 
sets of requirements.
    (i) The FAA has issued the school or entity either a pilot school 
certificate or a provisional pilot school certificate specifying each 
course the school is approved to offer under 14 CFR part 141. Thus, a 
military aero club, air carrier or institution of higher learning with 
the proper certificate is a flight school.
    (ii) The entity is either a Flight Training Center or an Air 
Carrier which does not have a pilot school or provisional pilot school 
certificate issued by the FAA under 14 CFR part 141, but pursuant to a 
Grant of Exemption letter issued by the FAA, is permitted to offer 
pilot training by a flight simulator instead of by use of actual 
aircraft.
* * * * *
    (4) Except as provided in paragraph (g)(3) of this section, no 
private pilot, student pilot, recreational pilot or test course may be 
approved by the appropriate State approving agency. Other flight 
courses of a flight school may be approved if the school has submitted 
a written application and the State approving agency determines that 
all of the following requirements are met:
* * * * *
    (ii) The course meets the requirements of 14 CFR parts 63 or 141, 
and is offered by a flight school described in paragraph (g)(1)(i) of 
this section; or meets the requirements of 14 CFR part 61 and is 
offered in whole or in part by a flight simulator pursuant to a grant 
of exemption letter issued by the FAA to the flight school offering the 
course.
* * * * *
    (h) Hourly limitations. * * *
    (1) Flight or flight simulator instruction. Except as provided in 
paragraph (h)(4) of this section, the maximum number of hours of flight 
instruction or flight simulator instruction which may be approved for a 
flight course shall not exceed the number determined by this paragraph.
    (i) The maximum number of hours of solo flight instruction shall 
not exceed the minimum number of hours required for the course provided 
by FAA regulations.
    (ii) The maximum number of hours of dual flight instruction shall 
not exceed the lesser of--
    (A) The number of hours of dual flight instruction in the course 
outline approved by the FAA, or
    (B) 120% of the minimum number of hours of dual flight instruction 
required for the course by FAA regulations.
    (iii) The maximum number of approvable hours for a course offered 
in whole or in part by flight simulator may not exceed the number of 
hours in the FAA-approved outline.

(Authority: 38 U.S.C. 3032(f), 3231(f), 10 U.S.C. 2131(g))
* * * * *
    (3) Preflight briefings and postflight critiques. * * *
    (i) If these hours are on the FAA-approved outline, the maximum 
number of hours of preflight briefings and postflight critiques shall 
not exceed the number of hours on the outline exclusive of the 
preflight briefings and post-flight critiques which are attributable to 
solo flying hours that exceed the minimum number of solo flying hours 
for the course in 14 CFR part 141.
    (ii) If these hours are not on the FAA-approved outline, they may 
not be approved unless the State approving agency finds that the 
briefings and critiques are an integral part of the course and do not 
precede or follow solo flying hours which exceed the minimum number of 
solo flying hours for the course in 14 CFR part 141. The maximum number 
of hours of preflight briefings and postflight critiques which may be 
approved for these courses may not, when added together, exceed 25 
percent of the approved hours of flight instruction.

(Authority: 38 U.S.C. 3002, 3452(b), 10 U.S.C. 2131)

    (4) Waiver of limitation in approvable course hours. (i) Flight 
schools that wish to have a greater number of hours of dual flight 
instruction approved than are permitted by paragraph (h)(1)(ii) of this 
section, may seek an administrative review of their approval by the 
Director, Education Service. Requests for such a review should be made 
in writing to the Director of the VA facility having jurisdiction over 
the flight school. The request should--
* * * * *
    (iii) The limit on the number of hours of solo flight instruction 
found in paragraph (h)(1)(i) of this section may not be waived.

(Authority: 38 U.S.C. 3032(f), 3231(f), 10 U.S.C. 2131(g))

    (i) Charges. The appropriate State approving agency shall approve 
charges for tuition and fees for each flight course exclusive of 
charges for tuition and fees for solo flying hours which exceed the 
maximum permitted under paragraph (h)(1)(i) of this section and for 
preflight briefings and postflight critiques which precede or follow 
the excess solo hours.
* * * * *
[FR Doc. 94-10018 Filed 4-26-94; 8:45 am]
BILLING CODE 8320-01-P