[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Rules and Regulations]
[Page 26455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12633]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AI85
Veterans' Training: Time Limit for Submitting Certifications
under the Service Members Occupational Conversion and Training Act
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the training assistance and training
benefit regulations of the Department of Veterans Affairs (VA). It
places deadlines for submitting the certifications needed for both
periodic payments and lump-sum deferred-incentive payments under the
Service Members Occupational Conversion and Training Act (SMOCTA).
Since the Act has a sunset provision, all work for which payments are
due has been completed. This final rule allows VA to close the
administration of SMOCTA.
DATES: Effective Date: July 13, 1998.
FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education
Adviser, Education Service, Veterans Benefits Administration, 202-273-
7187.
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on November 10, 1997 (62 FR 60464), VA proposed to amend the
``Administration of Educational Assistance Programs'' regulations that
are set forth in 38 CFR 21.4001 et seq. VA proposed placing two-year
deadlines for submitting the certifications required for both periodic
payments and lump-sum deferred-incentive payments under the Service
Members Occupational Conversion and Training Act (SMOCTA), 10 U.S.C.
1143 note.
Interested parties were given 60 days to submit comments. VA
received no comments. Accordingly, based on the rationale set forth in
the proposed rule document, we are adopting the provisions of the
proposed rule as a final rule.
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. The final rule will affect some
small entities. However, the effect of the final rule, requiring
employers to submit certifications within two years of the end of
SMOCTA training, would not impose any additional costs on the employer.
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.
No Catalog of Federal Domestic Assistance number has been assigned
to the program affected by this final rule.
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, Educational institutions, Travel and
transportation expenses, Veterans, Vocational education, Vocational
rehabilitation.
Approved: May 5, 1998.
Togo D. West, Jr.,
Acting Secretary.
For the reasons set forth in the preamble, 38 CFR part 21 (subpart
F-3) is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart F-3--Service Members Occupational Conversion and Training
Program
1. The authority for part 21, subpart F-3 continues to read as
follows:
Authority: 10 U.S.C. 1143 note; sec. 4481-4487, Pub. L. 102-484,
106 Stat. 2757-2769; sec. 610, Pub. L. 103-446, 108 Stat. 4673-4674,
unless otherwise noted.
2. In Sec. 21.4832, paragraphs (e)(3) and (e)(4) are added to read
as follows:
Sec. 21.4832 Payments to employers.
* * * * * *
(e) * * *
(3) VA will not release any periodic payments for training provided
by an employer if VA receives the employer's certification for that
training after September 30, 1999.
(4) VA will not release any lump sum deferred incentive payment if
VA receives either the veteran's or employer's certification required
for that payment after January 31, 2000.
(Authority: 106 Stat. 2762, Pub. L. 102-484, sec. 4487(b); 10 U.S.C.
1143, note)
[FR Doc. 98-12633 Filed 5-12-98; 8:45 am]
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