This site displays a prototype of a “Web 2.0” version of the daily Federal Register. It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s govinfo.gov.
The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting it official legal status. For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA's archives.gov.
The OFR/GPO partnership is committed to presenting accurate and reliable regulatory information on FederalRegister.gov with the objective of establishing the XML-based Federal Register as an ACFR-sanctioned publication in the future. While every effort has been made to ensure that the material on FederalRegister.gov is accurately displayed, consistent with the official SGML-based PDF version on govinfo.gov, those relying on it for legal research should verify their results against an official edition of the Federal Register. Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not provide legal notice to the public or judicial notice to the courts.
Department of Defense and Department of Veterans Affairs.
The law provides that rates of subsistence allowance and educational assistance under the Educational Assistance Test Program shall be adjusted annually by the Secretary of Start Printed Page 65400Defense. The law further provides those rates must be adjusted based upon the average actual cost of attendance at public institutions of higher education in the 12-month period since the rates were last adjusted. After obtaining data from the Department of Education, the Department of Defense has concluded that the rates for the 2002-03 academic year should be increased by 4.3% over the rates payable for the 2001-02 academic year. The regulations dealing with these rates are amended accordingly.
Effective Date: November 20, 2003.
Applicability Date: The changes in rates are applied retroactively to October 1, 2002, to conform to statutory requirements. For more information concerning the applicability date, see the SUPPLEMENTARY INFORMATION section.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Lynn M. Cossette, Education Adviser (225C), Education Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, (202) 273-7294.End Further Info End Preamble Start Supplemental 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 law further requires that the adjustment is to be consistent with the change in the average actual cost of attendance at public institutions of higher education over the preceding 12-month period. As required by law, the Department of Defense has obtained data from the Department of Education. The Department of Defense has calculated that these costs increased by 4.3%. Accordingly, this final rule changes 38 CFR 21.5820 and 21.5822 to reflect a 4.3% increase in the rates payable in the 2002-03 academic year, including changes needed to compensate for rounding.
The changes set forth in this final rule are effective from the date of publication, but the changes in rates are applied from October 1, 2002, in accordance with the applicable statutory provisions discussed above.
Administrative Procedure Act
Substantive changes made by this final rule merely reflect statutory requirements and adjustments made based on previously established formulas. Accordingly, there is a basis for dispensing with notice-and-comment and a delayed effective date under 5 U.S.C. 552 and 553.
Paperwork Reduction Act
This document contains no provisions constituting a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
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.
Executive Order 12866
This document has been reviewed by the Office Of Management and Budget under Executive Order 12866.
Regulatory Flexibility Act
The Secretary of Defense and the Secretary of Veterans Affairs hereby certify 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, 5 U.S.C. 501-612. This final rule directly affects only individuals and does not directly affect small entities. 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.
Catalog of Federal Domestic Assistance
There is no Catalog of Federal Domestic Assistance number for the program affected by this final rule.Start List of Subjects
List of Subjects in 38 CFR Part 21
- Administrative practice and procedure
- Armed forces
- Civil rights
- Colleges and universities
- Conflict of interests
- Defense Department
- Grant programs-education
- Grant programs-veterans
- Health programs
- Loan programs-education
- Loan programs-veterans
- Manpower training programs
- Reporting and recordkeeping requirements
- Travel and transportation expenses
- Vocational education
- Vocational rehabilitation
Anthony J. Principi,
Secretary of Veterans Affairs.Approved: September 5, 2003.
William J. Carr,
Acting Deputy Under Secretary (Military Personnel Policy).
For the reasons set out above, 38 CFR part 21, subpart H, is amended as set forth below:End Amendment Part Start Part
PART 21—VOCATIONAL REHABILITATION AND EDUCATION
Subpart H—Educational Assistance Test ProgramEnd Part Start Amendment Part
1. The authority citation for part 21, subpart H, continues to read as follows:End Amendment Part Start Amendment Part
2. Section 21.5820 is amended by:End Amendment Part Start Amendment Part
a. In paragraph (b)(1), removing “2001-02” and adding, in its place, “2002-03”, and by removing “$3,690” and adding, it its place, “$3,849”.End Amendment Part Start Amendment Part
b. In paragraph (b)(2)(ii), removing “2001-02” and adding, in its place, “2002-03”.End Amendment Part Start Amendment Part
c. In paragraphs (b)(2)(ii)(A) and (b)(3)(ii)(A), removing “$410.00” and adding, in each place, “$427.67”, and by removing “$205.00” and adding, in each place, “$213.84”.End Amendment Part Start Amendment Part
d. In paragraphs (b)(2)(ii)(B) and (b)(3)(ii)(B), removing “$13.67” and adding, in each place, “$14.26”, and by removing “$6.83” and adding, in each place, “$7.13”.End Amendment Part Start Amendment Part
e. Revising paragraphs (b)(2)(ii)(C) and (b)(3)(ii)(C).End Amendment Part Start Amendment Part
f. In paragraph (b)(3)(ii) introductory text, removing “2001-02” and adding, in its place, “2002-03”.End Amendment Part
The revisions read as follows:
(b) * * *
(2) * * *
(ii) * * *
(C) Adding the two results. If the enrollment period is as long as or longer than the standard academic year, this amount will be decreased by 3 cents for a full-time student and decreased by 6 cents for a part-time student.
(3) * * *
(ii) * * *
(C) Adding the two results. If the enrollment period is as long as or longer than a standard academic year, this amount will be decreased by 3 cents for a full-time student and decreased by 6 cents for a part-time student; and
3. Section 21.5822 is amended by:End Amendment Part Start Amendment Part
a. In paragraphs (b)(1)(i) and (b)(2)(i), removing “$919” and adding, in each place, “$959”, and by removing “2001-02” and adding, in each place, “2002-03”.End Amendment Part Start Amendment Part
b. In paragraphs (b)(1)(ii) and (b)(2)(ii), removing “$459.50” and adding, in each place, “$479.50”, and by removing “2001-02” and adding, in each place, “2002-03”.End Amendment Part End Supplemental Information
[FR Doc. 03-28966 Filed 11-19-03; 8:45 am]
BILLING CODE 8320-01-P