[Federal Register Volume 67, Number 53 (Tuesday, March 19, 2002)]
[Rules and Regulations]
[Pages 12473-12474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6540]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AJ23


Information Collection Needed in VA's Flight-Training Programs

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: We are amending our educational assistance and educational 
benefit regulations concerning flight-training courses for which the 
Department of Veterans Affairs (VA) pays eligible students. In this 
regard, we are requiring that flight schools offering such flight-
training courses maintain records regarding students to whom VA makes 
payments. This 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, this rule is intended 
to provide information to VA for determining whether to approve a 
flight-training course.

EFFECTIVE DATE: Effective date: This final rule is effective March 19, 
2002.

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

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on April 3, 2000 (65 FR 17477), we proposed to amend VA's 
educational assistance and educational benefit regulations concerning 
flight-training courses for which VA makes payments. In this regard, we 
proposed to add 38 CFR 21.4263(h)(3) to provide that flight schools 
offering approved flight-training courses must maintain records as set 
out in the text portion of the document. We also proposed to amend VA's 
educational assistance and educational benefit regulations by making 
technical changes for purposes of clarification.
    Comments were sought during a 60-day period. Only one comment was 
received and it was highly supportive of the proposed rule. Based on 
the rationale set forth in the proposed rule and in this document, we 
are adopting the provisions of the proposed rule as a final rule except 
that we are making non-substantive changes for purposes of clarity and 
are adding a statement following Sec. 21.4263 to reflect the approval 
by the Office of Management and Budget (MB) of the collection of 
information requirements contained in this rule.

Paperwork Reduction Act

    OMB has approved under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520) the information collection requirements contained in 
this rule (in 38 CFR 21.4263(h)(3)) and has assigned them OMB control 
number 2900-0613.
    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. The valid OMB control number 
assigned to the collection of information requirements in this rule is 
displayed at the end of the affected section of the regulations.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs hereby certifies that this 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 rule will have a minuscule monetary effect if any, 
on affected entities. Pursuant to 5 U.S.C. 605(b), this rule, 
therefore, is exempt from the initial and final regulatory flexibility 
analyses requirements of sections 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.

[[Page 12474]]

This rule will have no consequential effect on State, local or tribal 
governments.

Catalog of Federal Domestic Assistance

    the Catalog of Federal Domestic Assistance numbers for programs 
affected by this rule are 64.120 and 64.124. This rule also affects 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: December 26, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, VA amends 38 CFR part 21 
(subparts D and L) as follows:

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart D--Administration of Educational Assistance Programs

    1. The authority citation for 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. 21.4152  [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 
pargraph (b)(4) is amended by removing ``Sec. 21.4209.'' and adding, in 
its place ``Sec. Sec. 21.4209 and 21.4263.''

    3. Section 21.4263 is amended by:
    A. Removing the authority citation at the end of paragraph (h).
    B. Adding paragraph (h)(30.
    C. Adding the information collection requirements parenthetical at 
the end of the section.
    The additions 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 that 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 changes 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. 3671, 3672, 3676, 3690(c))
* * * * *
(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-
0613)

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

    4. The authority citation for 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. 21.7807  [Amended]

    5. Section 21.7807 is amended by removing ``Sec. 21.4209'' and 
adding, in its place, ``Sec. Sec. 21.4209 and 21.4263''.

[FR Doc. 02-6540 Filed 3-18-02; 8:45 am]
BILLING CODE 8320-01-P