Dependents' Educational Assistance

[Wings]

[Federal Register: January 7, 2008 (Volume 73, Number 4)]

[Rules and Regulations]

[Page 1075-1076]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07ja08-8]

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AM72

Dependents' Educational Assistance

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the Department of Veterans Affairs (VA)

regulation regarding dependents' educational assistance. A recent

statutory change provides eligibility for dependents' educational

assistance for dependents of servicepersons who meet certain criteria.

This final rule is necessary to incorporate statutory amendments into

VA regulations.

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

Applicability Date: In accordance with statutory provisions, the

amendment in this final rule will be applied retroactively. The

amendment to 38 CFR 3.807 is applicable for a course of education

pursued after December 22, 2006.

FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Regulations Staff

(211D), Compensation and Pension Service, Veterans Benefits

Administration, Department of Veterans Affairs, 810 Vermont Avenue,

NW., Washington, DC 20420, (202) 273-7210. (This is not a toll-free

number.)

SUPPLEMENTARY INFORMATION:

Section 301 of the Veterans Benefits, Health

Care, and Information Technology Act of 2006, Public Law 109-461,

amended the basic eligibility criteria for dependents' educational

assistance (DEA) in 38 U.S.C. 3501(a).

Under prior law, spouses and

children of servicemembers missing in action, captured in the line of

duty by a hostile force, or forcibly detained or interned in the line

of duty by a foreign government or power had eligibility for DEA.

The amendments expand eligibility, for pursuit of a course of education

that occurs after December 22, 2006, to include spouses and children of

servicemembers receiving treatment for permanent and total disability

incurred in the line of duty and likely to result in discharge or

release from service.

VA's DEA regulations, specifically 38 CFR 3.807(a)(5), restate the

statutory basic eligibility criteria for spouses and children of

servicemembers. Accordingly, we are amending that provision, consistent

with the amendments to section 3501(a), to clarify that spouses and

children of certain permanently and totally disabled servicemembers are

eligible for DEA for pursuit of a course of education that occurs after

December 22, 2006.

Administrative Procedures Act

Substantive changes made by this final rule merely reflect

statutory requirements. 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. 553. Use of those procedures would be

impracticable, unnecessary, and contrary to the public interest.

Paperwork Reduction Act

This document contains no provisions constituting a new collection

of information under the Paperwork Reduction Act of 1995 (44 U.S.C.

3501-3521).

The Office of Management and Budget (OMB) assigns a control number

for each collection 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.

In Sec. 3.807 (concerning certification of basic eligibility for

dependents' educational assistance), the final rule amends provisions

concerning information collection requirements that are currently

approved by OMB under the following control numbers: 2900-0049 (VA Form

21-674, Request for Approval of School Attendance), 2900-0098 (VA Form

22-5490, Application for Survivors' and Dependents' Educational

Assistance), 2900-0099 (VA Form 22-5495, Request for Change of Program

or Place of Training Survivors' and Dependents' Educational

Assistance).

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. This final rule

would not affect any small entities. Only individual VA beneficiaries

would be directly affected. Therefore, pursuant to 5 U.S.C. 605(b),

this final rule is also exempt from the regulatory flexibility analysis

requirements of sections 603 and 604.

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 not to be a significant regulatory action under Executive

Order 12866.

Unfunded Mandates

The Unfunded Mandates Reform Act of 1995, codified at 2 U.S.C.

1532, requires agencies to prepare an assessment of anticipated costs

and benefits before issuing any rule that may result in the 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 year. This final rule would have no such effect on

State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles

The Catalog of Federal Domestic Assistance program number and title

for this rule is 64.117, Survivors and Dependents Educational

Assistance.

List of Subjects in 38 CFR Part 3

Administrative practice and procedure, Claims, Disability benefits,

Health care, Pensions, Radioactive materials, Veterans, Vietnam.

Approved: November 16, 2007.

Gordon H. Mansfield,

Acting Secretary of Veterans Affairs.

For the reasons stated in the preamble, the Department of Veterans

Affairs amends 38 CFR part 3 as set forth below:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity

Compensation

1. The authority citation for part 3, subpart A continues to read as

follows:

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

2. Revise Sec. 3.807(a)(5) to read as follows:

Sec. 3.807 Dependents' educational assistance; certification.

* * * * *

(a) * * *

(5) Is on active duty as a member of the Armed Forces and

(i) Now is, and, for a period of more than 90 days, has been listed

by the Secretary concerned as missing in action, captured in line of

duty by a hostile force, or forcibly detained or interned in line of

duty by a foreign Government or power; or

(ii) Has been determined by VA to have a total disability permanent

in nature incurred or aggravated in the line of duty during active

military, naval, or air service; is hospitalized or receiving

outpatient medical care, services, or treatment for such disability; is

likely to be discharged or released from such service for such

disability; and the pursuit of a course of education by such

individual's spouse or child for which benefits under 38 U.S.C. chapter

35 are sought occurred after December 22, 2006.

* * * * *8

[FR Doc. E7-25657 Filed 1-4-08; 8:45 am]

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