[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Rules and Regulations]
[Pages 35661-35662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12589]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AK80


Veterans and Dependents Education: Topping-Up Tuition Assistance; 
Licensing and Certification Tests; Duty To Assist Education Claimants; 
Correction

AGENCY: Department of Veterans Affairs.

ACTION: Correcting amendment.

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SUMMARY: The Department of Veterans Affairs (VA) published a document 
in the Federal Register on April 5, 2007 (72 FR 16962), amending the 
regulations governing various aspects of the education programs that VA 
administers. That document contained several technical errors: 
reference to two subparts that were not specifically identified, 
incorrect words used to identify the individuals eligible for a 
particular program of educational assistance, and incorrect references 
when citing to other provisions of VA's regulations. This document 
corrects those errors.

DATES: Effective Date: June 29, 2007.
    Applicability Dates: The corrections to Sec.  21.4131(a)(ii) and 
(d) (concerning educational assistance for licensing and certification 
tests) are applied retroactively to March 1, 2001. The corrections to 
Sec. Sec.  21.7075 and 21.7142(b) (concerning ``tuition assistance top-
up'') are applied retroactively to October 30, 2000. These accord with 
the applicability dates stated under DATES at 72 FR 16962 for 
provisions with those respective subject matters.

FOR FURTHER INFORMATION CONTACT: Diane M. Walters, Management and 
Program Analyst, Education Service, Veterans Benefits Administration, 
Department of Veterans Affairs (225C), 810 Vermont Avenue, NW., 
Washington, DC 20420, (202) 461-9849. (This is not a toll-free 
telephone number.)

SUPPLEMENTARY INFORMATION: On April 5, 2007, VA published a document in 
the Federal Register (72 FR 16962) amending its education regulations 
to implement VA's authority under the Veterans Benefits and Health Care 
Improvement Act of 2000, the Veterans Claims Assistance Act of 2000, 
and the Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001. In part, these Acts provided educational assistance under 
the Survivors' and Dependents' Educational Assistance Program (DEA), 
the Post-Vietnam Era Veterans' Educational Assistance Program, and the 
Montgomery GI Bill-Active Duty for the cost of taking tests for 
licensure or certification.
    In subpart D, in the introductory text of Sec.  21.4131, we made 
reference to subparts C and G, but in subsequent paragraphs (a)(2)(ii) 
and (d)(2)(ii), we referred to ``this subpart'' rather than identifying 
the applicable subparts. This document corrects that error by 
specifying ``subpart G'' in paragraph (a)(2)(ii) and ``subpart C'' in 
paragraph (d)(2)(ii).
    In Sec.  21.4131(d), in describing individuals eligible for DEA, 
the provisions of Sec.  21.4131(d) introductory text properly refer to 
``a person eligible to receive educational assistance under 38 U.S.C. 
chapter 35'' and in Sec.  21.4131(d)(1)(i) properly refer to ``the 
eligible person'', but when amending Sec.  21.4131(d)(2) we twice 
incorrectly referred instead to ``the veteran or servicemember'', even 
though individuals eligible for DEA need not have had any military 
service. This document corrects that error by referring instead to 
``the eligible person'' in the first instance and ``he or she'' in the 
second instance.
    When revising Sec.  21.7075, a typographical error occurred in the 
last sentence of Sec.  21.7075, in the cross-reference citation. This 
document corrects that error by removing ``Sec.  21.7076(b)(11)'' and 
replacing it with ``Sec.  21.7076(b)(10)''.
    Lastly, when revising Sec.  21.7142, we mistakenly in Sec.  
21.7142(b)(5)(ii) cited to the wrong paragraphs. This document corrects 
that error by removing ``paragraph (a)(1) or (a)(2)'' and replacing it 
with ``paragraph (b)(1) or (b)(2)''.

List of Subjects in 38 CFR Part 21

    Administrative practice and procedure, Armed forces, Civil rights, 
Claims, Colleges and universities, Conflict of interests, 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: June 25, 2007.
Robert C. McFetridge,
Assistant to the Secretary for Regulation Policy and Management.

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For the reasons set out in the preamble, VA is correcting 38 CFR part 
21 (subparts D and K) as set forth below:

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart D--Administration of Educational Assistance Programs

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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, and as noted in specific sections.


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2. Amend Sec.  21.4131 by:
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a. In paragraph (a)(2)(ii), removing ``this subpart'' and adding, in 
its place, ``subpart G''.
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b. In paragraph (d)(2) introductory text, removing ``veteran or 
servicemember'' and adding, in its place, ``eligible person''.
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c. In paragraph (d)(2)(ii), removing ``the veteran or servicemember'' 
and adding, in its place, ``he or she'' and removing ``this subpart'' 
and adding, in its place, ``subpart C''.

[[Page 35662]]

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

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

    Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in 
specific sections.


Sec.  21.7075  [Amended]

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4. Amend Sec.  21.7075 by removing ``Sec.  21.7076(b)(11)'' and adding, 
in its place, Sec.  21.7076(b)(10)''.


Sec.  21.7142  [Amended]

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5. Amend Sec.  21.7142(b)(5)(ii) by removing ``paragraph (a)(1) or 
(a)(2)'' and adding, in its place, ``paragraph (b)(1) or (b)(2)''.

[FR Doc. E7-12589 Filed 6-28-07; 8:45 am]
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