[Federal Register Volume 67, Number 93 (Tuesday, May 14, 2002)]
[Rules and Regulations]
[Pages 34404-34405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11989]


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DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AL02


Increased Allowances for the Educational Assistance Test Program

AGENCIES: Department of Defense and Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The law provides that rates of subsistence allowance and 
educational assistance payable under the Educational Assistance Test 
Program shall be adjusted annually by the Secretary of Defense based 
upon the average actual cost of attendance at public institutions of 
higher education in the twelve-month period since the rates were last 
adjusted. After consultation with the Department of Education, the 
Department of Defense has concluded that the rates for the 2001-02 
academic year should be increased by 4.7% over the rates payable for 
the 2000-01 academic year. The regulations dealing with these rates are 
amended accordingly.

DATES: Effective Date: May 14, 2002.
    Applicability Date: The changes in rates are applied retroactively 
to October 1, 2001, to conform to statutory requirements.

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Assistant 
Director for Policy and Program Development, Education Service (225), 
Veterans Benefits Administration, 202-273-7187.

SUPPLEMENTARY INFORMATION: The law (10 U.S.C. 2145) provides that the 
Secretary of Defense shall adjust the amount of educational assistance 
which may be provided in any academic year under the Educational 
Assistance Test Program, and the amount of subsistence allowance 
authorized under that program. The adjustment is to be based upon the 
twelve-month increase in the average actual cost of attendance at 
public institutions of higher education. As required by law, the 
Department of Defense has consulted with the Department of Education. 
The Department of Defense has concluded that these costs increased by 
4.7% in the 2000-01 academic year. Accordingly, this final rule changes 
38 CFR 21.5820 and 21.5822 to reflect a 4.7% increase in the rates 
payable in the 2001-02 academic year, including changes in Sec. 21.5820 
to remove unnecessary provisions that were previously needed to 
compensate for rounding. Other nonsubstantive changes are made for the 
purpose of clarification.

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553 there is good cause for finding that 
notice and public procedure are impractical, unnecessary, and contrary 
to the public interest and there is good cause for dispensing with a 
30-day delay of the effective date. The rates of subsistence allowance 
and educational assistance payable under the Educational Assistance 
Test Program are determined based on a statutory formula and, in 
essence, the calculation of rates merely constitutes a non-
discretionary ministerial act. The other changes made by this document 
are merely nonsubstantive changes for the purpose of clarification.

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 Veterans Affairs and the Secretary of Defense 
hereby certify 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, 5 U.S.C 601-612. 
This final rule directly affects only individuals. 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.

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 Number

    There is no Catalog of Federal Domestic Assistance number for the 
program affected by the regulations.

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


[[Page 34405]]


    Approved: February 21, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.

    Approved: May 2, 2002.
John A. Van Alstyne,
Lieutenant General, USA, Deputy Assistant Secretary, (Military 
Personnel Policy) Department of Defense.

    For the reasons set out above, 38 CFR part 21 (subpart H) is 
amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart H--Educational Assistance Test Program

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

    Authority:  10 U.S.C. ch. 107; 38 U.S.C. 501(a), 3695, 5101, 
5113, 5303A; 42 U.S.C. 2000; sec. 901, Pub. L. 96-342, 94 Stat. 
1111-1114, unless otherwise noted.


    2. Section 21.5820 is amended by:
    a. In paragraph (b)(1), removing ``2000-01'' and adding, in its 
place, ``2001-02''; and by removing ``$3,524'' and adding, in its 
place, ``$3,690'';
    b. In paragraph (b)(2)(ii), removing ``2000-01'' and adding, in its 
place, ``2001-02'';
    c. In paragraph (b)(2)(ii)(A), removing ``$391.56'' and adding, in 
its place, ``$410.00'', and by removing ``$195.78'' and adding, in its 
place, ``$205.00'';
    d. In paragraph (b)(2)(ii)(B), removing ``$13.05'' and adding, in 
its place, ``$13.67'', and by removing ``$6.53'' and adding, in its 
place ``$6.83'';
    e. In paragraph (b)(3)(ii) introductory text, removing ``2000-01'' 
and adding, in its place, ``2001-02'';
    f. In paragraph (b)(3)(ii)(A), removing ``$391.56'' and adding, in 
its place, ``$410.00''; and by removing ``$195.78'' and adding, in its 
place, ``$205.00'';
    g. In paragraph (b)(3)(ii)(B), removing ``$13.05'' and adding, in 
its place, ``$13.67'', and by removing ``$6.53'', and adding, in its 
place, ``$6.83''; and
    h. Revising paragraphs (b)(2)(ii)(C) and (b)(3)(ii)(C).
    The revisions read as follows:


Sec. 21.5820  Educational assistance.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (C) Adding the two results.
* * * * *
    (3) * * *
    (ii) * * *
    (C) Adding the two results; and
* * * * *


Sec. 21.5822  [Amended]

    3. Section 21.5822 is amended by:
    a. In paragraph (b)(1)(i), removing ``$878'' and adding, in its 
place, ``$919''; and by removing ``2000-01'' and adding, in its place, 
``2001-02'';
    b. In paragraph (b)(1)(ii), removing ``$439'' and adding, in its 
place, ``$459.50''; and by removing ``2000-01'' and adding, in its 
place, ``2001-02'';
    c. In paragraph (b)(2)(i), removing ``2000-01'' and adding, in its 
place, ``2001-02''; and by removing ``$878'' and adding, in its place, 
``$919''; and
    d. In paragraph (b)(2)(ii), removing ``2000-01'' and adding, in its 
place, ``2001-02''; and by removing ``$439'' and adding, in its place, 
``$459.50''.

[FR Doc. 02-11989 Filed 5-13-02; 8:45 am]
BILLING CODE 8320-01-P