[Federal Register Volume 66, Number 144 (Thursday, July 26, 2001)]
[Rules and Regulations]
[Pages 38938-38939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18609]


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DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AK45


End of the Service Members Occupational Conversion and Training 
Program

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 the educational assistance and 
educational benefit regulations of the Department of Veterans Affairs 
(VA). The amendments consist of removal of regulations that are no 
longer needed to administer the Service Members Occupational Conversion 
and Training Program. Veterans are no longer training under that 
program.

DATES: Effective date: July 26, 2001.

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Assistant 
Director for Policy and Program Development, Education Service, 
Veterans Benefits Administration, Department of Veterans Affairs, 202-
273-7187.

SUPPLEMENTARY INFORMATION: The Service Members Occupational Conversion 
and Training Act (SMOCTA) (Subtitle G, Pub. L. 102-484) established a 
job-training program for some veterans. The program helped these 
veterans enter the civilian workforce through training in a stable and 
permanent position that involved significant training. VA made monthly 
payments to employers who employed and trained eligible veterans in 
these jobs, and made a final lump sum payment when the trainee had 
completed the training program and been employed for four months. The 
payments aided employers in defraying the necessary costs of training.
    Based on statutory authority and regulations, employers may no 
longer apply for the monthly payments and may no longer apply for the 
lump sum payment. No one is training under SMOCTA, and VA is making no 
payments under that Act. The statutory date for beginning training has 
passed, and the last year in which funds were appropriated for this 
program was Fiscal Year 1995. There is no need for regulations to 
implement SMOCTA, nor is there any need for other regulations that 
refer to SMOCTA.

Administrative Procedure Act

    The changes made by this final rule are nonsubstantive changes. 
This final rule merely removes unnecessary provisions that relate only 
to a training and payment program for which there no longer is 
statutory authority for training or payment. Accordingly, there is a 
basis for dispensing with prior notice and comment and a delayed 
effective date under the provisions of 5 U.S.C. 552 and 553.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Regulatory Flexibility Act

    The Secretary of Defense, the Commandant of the Coast Guard, and 
the Secretary of Veterans Affairs 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 will not cause employers to make 
changes in their activities because no one is training under SMOCTA. 
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.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any given year. This rule would have no 
consequential effect on State, local, or tribal governments.

Catalog of Federal Domestic Assistance

    There is no Catalog of Federal Domestic Assistance number for the 
program that this final rule affects.

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, Loan programs-education, Loan programs-veterans, 
Manpower training programs, Reporting and recordkeeping requirements, 
Schools, Travel and transportation expenses, Veterans, Vocational 
education, Vocational rehabilitation.

    Approved: April 9, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.

    Approved: July 6, 2001.
P.A. Tracey,
Vice Admiral, USN, Deputy Assistant Secretary (Military Personnel 
Policy), Department of Defense.

    Approved: July 12, 2001.
F.L. Ames,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Human 
Resources.

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

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.


Sec. 21.4131  [Amended]

    2. In Sec. 21.4131, paragraph (i) is removed and reserved.


Sec. 21.4135  [Amended]

    3. In Sec. 21.4135, paragraph (aa) is removed and reserved.

Subpart F-3  [Removed and Reserved]

Subpart F-3--Service Members Occupational Conversion and Training 
Program

    4. Part 21, subpart F-3 is removed and reserved.

[[Page 38939]]

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

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

    Authority: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise 
noted.


Sec. 21.7131  [Amended]

    6. In Sec. 21.7135, paragraph (j) is removed and reserved.


Sec. 21.7131  [Amended]

    7. In Sec. 21.7135, paragraph (aa) is removed and reserved.

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

    8. 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.


Sec. 21.7631  [Amended]

    9. In Sec. 21.7631, paragraph (f) is removed and reserved.


Sec. 21.7635  [Amended]

    10. In Sec. 21.7635, paragraph (w) is removed and reserved.

[FR Doc. 01-18609 Filed 7-25-01; 8:45 am]
BILLING CODE 8320-01-P