[Federal Register Volume 65, Number 64 (Monday, April 3, 2000)]
[Proposed Rules]
[Pages 17477-17479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8072]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AJ23


Information Collection Needed in VA's Flight-Training Programs

AGENCIES: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: We propose to amend our educational assistance and educational 
benefit regulations concerning flight-training courses for which the 
Department of Veterans Affairs (VA) pays for eligible students. In this 
regard, we propose to require that flight schools offering such flight-
training courses maintain records regarding students to whom VA makes 
payments. The proposed rule is intended to provide information to VA 
for determining compliance with requirements for VA payments to 
students for pursuing flight-training courses. Also, when VA, rather 
than a separate State entity, is the approving agency, the proposed 
rule is intended to provide information to VA for determining whether 
to approve a flight-training course.

DATES: Comments must be received on or before June 2, 2000.

ADDRESSES: Mail or hand-deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW, Room 1154, Washington, DC 20420; or fax comments to 
(202) 273-9289; or e-mail comments to ``[email protected]''. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AJ23.'' All comments received will be available for public 
inspection in the Office of Regulations Management, Room 1158, between 
the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education

[[Page 17478]]

Advisor, Education Service, Veterans Benefits Administration, 
Department of Veterans Affairs, 202-273-7187.

SUPPLEMENTARY INFORMATION: VA payments are provided to eligible 
individuals for pursuit of approved flight-training courses under the 
Montgomery GI Bill--Active Duty, Montgomery GI Bill--Selective Reserve, 
and Post-Vietnam Era Veterans' Educational Assistance programs.
    Educational institutions are required to make available for 
Government inspection records and accounts, pertaining to veterans who 
received VA educational assistance, which VA determines necessary to 
ascertain institutional compliance with requirements for assistance (38 
U.S.C. 3676 and 3690(c)). We propose to add 38 CFR 21.4263(h)(3), which 
would require that flight schools offering approved flight-training 
courses maintain records as set out in the text portion of this 
document: i.e., various certificates, flight records, logs, invoices, 
account ledgers, instructor records, tuition records, and course and 
training records. It appears that these records regarding students 
receiving VA flight-training benefits are necessary to assist VA in 
determining that courses and students meet all requirements for payment 
of such benefits.
    In addition, proposed Sec. 21.4263(h)(3) requires flight schools to 
maintain those records under 38 U.S.C. 3676(b) and 3676(c)(4), (c)(5), 
(c)(6), (c)(7), and (c)(13) when VA, rather than a separate State 
approving agency, is the approving authority for flight-training 
courses. Maintaining the records specified in the proposed rule appears 
necessary to assist VA, when it is the approving authority, in 
determining whether it should approve a course.
    This document also makes technical changes for purposes of 
clarification.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), a 
collection of information is set forth in the proposed 38 CFR 
21.4263(h)(3). Accordingly, under section 3507(d) of the Act, VA has 
submitted a copy of this rulemaking action to the Office of Management 
and Budget (OMB) for its review of the proposed collection of 
information.
    OMB assigns control numbers to collections of information it 
approves. VA may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.
    Comments on the proposed collection of information should be 
submitted to the Office of Management and Budget, Attention: Desk 
Officer for the Department of Veterans Affairs, Office of Information 
and Regulatory Affairs, Washington, DC 20503, with copies mailed or 
hand-delivered to the Director, Office of Regulations Management (02D), 
Department of Veterans Affairs, 810 Vermont Ave., NW, Room 1154, 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``RIN 2900-AJ23.''
    Title: Recordkeeping at Flight Schools.
    Summary of collection of information: Proposed Sec. 21.4263(h)(3) 
specifies records that flight schools are required to maintain to show 
that the courses and students are in compliance with requirements for 
payment of VA benefits and to maintain for VA approval purposes under 
38 U.S.C. 3676(b) and 3676(c)(4), (c)(5), (c)(6), (c)(7), and (c)(13) 
when VA, rather than a separate State approving agency, is the 
approving authority for the particular flight-training courses.
    Description of need for information and proposed use of 
information: The records appear necessary to assist VA in determining 
that courses and students meet all requirements for payment to students 
of VA flight-training benefits and, in cases when VA is the approving 
authority for flight-training courses, to assist VA in determining 
whether to approve a course.
    Description of likely respondents: Flight schools.
    Estimated number of respondents: 310 per year.
    Estimated frequency of responses: On occasion.
    Estimated burden per collection: 1/3 hour.
    Estimated total annual reporting and recordkeeping burden: 667 
hours.
    The Department considers comments by the public on proposed 
collections of information in--
    Evaluating whether the proposed collections of information are 
necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; Evaluating the accuracy of the Department's estimate of the 
burden of the proposed collections of information, including the 
validity of the methodology and assumptions used; Enhancing the 
quality, usefulness, and clarity of the information to be collected; 
and Minimizing the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    OMB is required to make a decision concerning the collection of 
information contained in this proposed rule between 30 and 60 days 
after publication of this document in the Federal Register. Therefore, 
a comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication. This does not affect the 
deadline for the public to comment to the Department on the proposed 
rule.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs hereby certifies that the 
adoption of this proposed rule would 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. Adoption of this 
proposed rule would have a minuscule monetary effect, if any, on 
affected entities. Pursuant to 5 U.S.C. 605(b), this proposed rule, 
therefore, is exempt from the initial and final regulatory flexibility 
analyses requirements of sections 603 and 604.
    The Catalog of Federal Domestic Assistance numbers for programs 
affected by this proposed rule are 64.120 and 64.124. This proposed 
rule would also affect the Montgomery GI Bill--Selected Reserve program 
which has no Catalog of Federal Domestic Assistance number.

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: March 23, 2000.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
    For the reasons set forth in the preamble, VA proposes to amend 38 
CFR part 21 (subparts D and L) as follows:

[[Page 17479]]

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart D--Administration of Educational Assistance Programs

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

    Authority:  10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), 
chs. 30, 32, 34, 35, 36, unless otherwise noted.


21.4152  [Amended]

    2. In Sec. 21.4152, the introductory text of paragraph (b) is 
amended by removing ``on VA.'' and adding, in its place, ``on VA:''; 
and paragraph (b)(4) is amended by removing ``Sec. 21.4209.'' and 
adding, in its place, Secs. 21.4209 and 21.4263.''
    3. In Sec. 21.4263, paragraph (h)(3) is added to read as follows: 
Sec. 21.4263 Approval of flight training courses.
* * * * *
    (h) Nonaccredited courses. * * *
    (3) A flight school must keep at a minimum the following records 
for each eligible veteran, servicemember, or reservist pursuing flight 
training:
    (i) A copy of his or her private pilot certificate;
    (ii) Evidence of completion of any prior training which may be a 
prerequisite for the course;
    (iii) A copy of the medical certificate required by paragraph 
(a)(2) of this section for the courses being pursued and copies of all 
medical certificates (expired or otherwise) needed to support all 
periods of prior instruction received at the current school;
    (iv) A daily flight log or copy thereof;
    (v) A permanent ground school record;
    (vi) A progress log;
    (vii) An invoice of flight charges for individual flights or flight 
lessons for training conducted on a flight simulator or advanced flight 
training device;
    (viii) Daily flight sheets identifying records upon which the 85-15 
percent ratio may be computed;
    (ix) A continuous meter record for each aircraft;
    (x) An invoice or flight tickets signed by the student and 
instructor showing hour meter reading, type of aircraft, and aircraft 
identification number;
    (xi) An accounts receivable ledger;
    (xii) Individual instructor records;
    (xiii) Engine log books;
    (xiv) A record for each student above the private pilot level 
stating the name of the course in which the student is currently 
enrolled and indicating whether the student is enrolled under 14 CFR 
part 61, part 63, part 141, or part 142;
    (xv) Records of tuition and accounts which are evidence of tuition 
charged and received from all students; and
    (xvi) If training is provided under 14 CFR part 141, the records 
required by that part, or if training is provided under 14 CFR part 
142, the records required by that part.

(Authority: 38 U.S.C. 3471, 3671, 3672, 3676, 3690(c))
* * * * *

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

    4. The authority citation for part 21, subpart L continues to read 
as follows:

    Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36, 
unless otherwise noted.


21.7807  [Amended]

    5. Section 21.7807 is amended by removing Sec. 21.4209 and adding, 
in its place, Secs. 21.4209 and 21.4263.
[FR Doc. 00-8072 Filed 3-31-00; 8:45 am]
BILLING CODE 8320-01-P