[Federal Register Volume 73, Number 4 (Monday, January 7, 2008)]
[Rules and Regulations]
[Pages 1076-1077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25658]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AM80


Education: Approval of Accredited Courses for VA Education 
Benefits

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends regulations governing aspects of 
educational assistance programs administered by the Department of 
Veterans Affairs (VA) to remove a requirement that had mirrored a 
former statutory requirement. This final rule reflects a statutory 
amendment that removed the statutory requirement that educational 
institutions offering accredited courses must notify VA and the student 
using VA education benefits of the amount of credit granted for the 
student's prior education and training.

DATES: Effective Date: This final rule is effective January 7, 2008.

FOR FURTHER INFORMATION CONTACT: Devon E. Seibert, Management and 
Program Analyst, Education Service, Veterans Benefits Administration, 
Department of Veterans Affairs (225C), 810 Vermont Avenue, NW., 
Washington, DC 20420, (202) 461-9837. (This is not a toll-free 
telephone number.)

SUPPLEMENTARY INFORMATION: This document amends VA regulations set 
forth in 38 CFR part 21 concerning approval criteria for payment under 
education programs administered by VA for accredited courses of 
education. Specifically, it removes a requirement from 38 CFR 
21.4253(d)(3) that had mirrored a statutory requirement. On October 9, 
1996, section 103(c) of the Veterans' Benefits Improvements Act of 1996 
(Pub. L. 104-275) removed the requirement in 38 U.S.C. 3675(b) that had 
required institutions offering accredited courses to notify VA and the 
student using VA education benefits of the amount of credit granted for 
a student's prior education and training.
    A similar statutory requirement, in 38 U.S.C. 3676(c)(4), imposing 
the same reporting requirement for institutions offering non-accredited 
courses, was not removed by Pub. L. 104-275 and still remains in 
effect. When Pub. L. 104-275 was enacted, VA had no administratively 
efficient way to distinguish between the enrollment certifications 
submitted by institutions offering accredited courses and non-
accredited courses. Consequently, retaining in VA regulations the same 
reporting requirement for educational institutions offering accredited 
or non-accredited courses assisted VA in being able to monitor 
compliance by institutions offering non-accredited courses.
    However, distinguishing between accredited and non-accredited 
course enrollments is now administratively feasible for VA. Because we 
now have the means to make this distinction, we are amending Sec.  
21.4253(d)(3) to remove the notification requirements for institutions 
offering accredited courses.

Administrative Procedure Act

    This document is being published without regard to the notice-and-
comment and delayed-effective-date provisions of 5 U.S.C. 553(b) and 
(d) since it merely changes an interpretive rule to reflect a statutory 
amendment, by removing language that had mirrored the former statutory 
requirement.

Paperwork Reduction Act of 1995

    This final rule contains no provisions constituting a new 
collection of information under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3521).

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in an expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any given year. This final rule will have no such effect 
on State, local, and tribal governments, or on the private sector.

[[Page 1077]]

Executive Order 12866

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by OMB unless OMB waives such review, as any regulatory action that is 
likely to result in a rule that may: (1) Have an annual effect on the 
economy of $100 million or more or adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local, or tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined and it has been 
determined that it is not a significant regulatory action under the 
Executive Order because this rule merely reflects a statutory amendment 
by removing the regulatory requirement that had mirrored the language 
of the former statutory requirement.

Regulatory Flexibility Act

    The initial and final regulatory flexibility analysis requirements 
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 
601-612, are not applicable to this rule because a notice of proposed 
rulemaking is not required for this rule. Even so, the Secretary of 
Veterans Affairs hereby certifies 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. Any impact on 
the educational institutions affected by the rule that may be small 
entities would be minor for at least the reason that the rule merely 
removes from the regulations a requirement for reporting information 
that would still be required to be maintained by such educational 
institutions. Under 38 U.S.C. 3675(b), educational institutions 
offering accredited courses are still required to maintain written 
records of credit for prior education given to students using VA 
education benefits, with the training period shortened proportionately. 
This final rule is therefore also exempt pursuant to 5 U.S.C. 605(b) 
from the regulatory flexibility analysis requirements of sections 603 
and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this rule are 64.120, Post-Vietnam Era 
Veterans' Educational Assistance; 64.124, All-Volunteer Force 
Educational Assistance; and 64.117, Survivors and Dependents 
Educational Assistance.

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: November 16, 2007.
Gordon H. Mansfield,
Acting Secretary of Veterans Affairs.

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For the reasons set out in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 21 (subpart D) as follows:

PART 21--[AMENDED]

Subpart D--Administration of Educational Assistance Programs

0
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.


Sec.  21.4253  [Amended]

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2. Amend Sec.  21.4253(d)(3) by removing ``, and the person and the 
Department of Veterans Affairs so notified''.

[FR Doc. E7-25658 Filed 1-4-08; 8:45 am]
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