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Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Rules and Regulations 1497
MGIB–SR benefits is receiving a high requirements. Accordingly, there is a Approved: September 16, 2005.
school diploma or its equivalent. Before basis for dispensing with prior notice Gordon H. Mansfield,
the enactment of Public Law 106–419 and comment and delayed effective date Deputy Secretary of Veterans Affairs.
on November 1, 2000, the reservist had provisions of 5 U.S.C. 552 and 553. Approved: October 24, 2005.
to earn that diploma or its equivalent Kenneth T. Venuto,
before completing Initial Active Duty for Paperwork Reduction Act
Rear Admiral, U.S. Coast Guard, Assistant
Training (IADT) in the case of an Commandant for Human Resources.
This document contains no provisions
original enlistment, or before the date of
constituting a collection of information Approved: December 21, 2005.
the qualifying extension of enlistment or
reenlistment in all other cases. Public under the Paperwork Reduction Act (44 T.F. Hall,
Law 106–419 provided instead for all U.S.C. 3501–3521). Assistant Secretary of Defense for Reserve
reservists the requirement that they Affairs.
Regulatory Flexibility Act
must earn a high school diploma or its ■ For the reasons set out above, 38 CFR
equivalent before applying to the The Secretary of Veterans Affairs part 21 (subparts B and L) is amended
Department of Veterans Affairs (VA) for hereby certifies that this final rule will as set forth below.
educational assistance benefits. We are not have a significant economic impact
amending various paragraphs to make on a substantial number of small entities PART 21—[AMENDED]
them conform to these statutory as they are defined in the Regulatory Subpart B—Claims and Applications
provisions. Our amendments reflect our Flexibility Act, 5 U.S.C. 601–612. This for Educational Assistance
interpretation that under the statute a final rule will directly affect only
reservist who unsuccessfully applies for individuals and will not directly affect ■ 1. The authority citation for part 21,
educational assistance before meeting small entities. Pursuant to 5 U.S.C. subpart B continues to read as follows:
this requirement would still be able to 605(b), this final rule, therefore, is Authority: 38 U.S.C. 501(a), ch. 51, unless
meet this requirement by applying again otherwise noted.
exempt from the initial and final
after obtaining a high school diploma or
regulatory flexibility analyses ■ 2. Section 21.1032 is amended by:
its equivalent.
Generally once MGIB–SR eligibility is requirements of sections 603 and 604. ■ a. In paragraph (c) introductory text,
established, a reservist remains eligible Unfunded Mandates removing ‘‘under 38 U.S.C. chapter 30,
for 10 years. A provision in Public Law 32, or 35.’’, and adding, in its place,
107–314, expands the 10 year eligibility The Unfunded Mandates Reform Act ‘‘under 38 U.S.C. chapter 30, 32, or 35,
period to 14 years for certain reservists. requires, at 2 U.S.C. 1532, that agencies and 10 U.S.C. chapter 1606.’’ and by
The 14 year eligibility period applies to prepare an assessment of anticipated removing ‘‘§ 21.5042, or § 21.7051’’, and
reservists who first become eligible for costs and benefits before developing any adding, in its place, ‘‘§ 21.5042,
the MGIB–SR program after September rule that may result in an expenditure § 21.7051, or § 21.7551’’;
30, 1992. This provision of Public Law by State, local, or tribal governments, in ■ b. In paragraph (c)(1), removing ‘‘or
107–314 became effective October 1, the aggregate, or by the private sector, of veteran’s’’, and adding, in its place,
2002. We are amending the paragraphs $100 million or more (adjusted annually ‘‘veteran’s, or reservist’s’’;
that address the MGIB–SR eligibility ■ c. In paragraph (c)(2), removing ‘‘or
for inflation) in any given year. This
period to reflect this change. veteran’s’’, and adding, in its place,
final rule would have no such effect on
In addition, we are amending ‘‘veteran’s, or reservist’s’’; and
§ 21.1032 of subpart B to include time State, local, or tribal governments, or the ■ d. Revising the authority citation for
limits for filing a claim for an extended private sector. paragraph (c).
period of eligibility under 10 U.S.C. Catalog of Federal Domestic Assistance The revision reads as follows:
chapter 1606. The time limits for Program Numbers § 21.1032 Time Limits.
chapter 1606, Montgomery GI Bill—
Selected Reserve program, were The changes made by this final rule * * * * *
previously stated in § 21.7532. In 1999, affect the Montgomery GI Bill—Selected (c) * * *
when we removed § 21.7532 and (Authority: 10 U.S.C. 16133(b); 38
Reserve. There is no Catalog of Federal
consolidated the time limit rules for all U.S.C. 3031(d), 3232(a), 3512).
Domestic Assistance number for the
education assistance programs we Montgomery GI—Bill Selected Reserve. * * * * *
administer into § 21.1032, we
inadvertently did not show chapter List of Subjects in 38 CFR Part 21 Subpart L—Educational Assistance for
1606 in § 21.1032(c). The final rule was Members of the Selected Reserve
Administrative practice and
published May 4, 1999 in the Federal ■ 3. The authority citation for subpart L
procedure, Armed forces, Civil rights,
Register (64 FR 23769–23773). The continues to read as follows:
Claims, Colleges and universities,
SUMMARY and SUPPLEMENTARY
INFORMATION sections in that final rule
Conflict of interests, Defense Authority: 10 U.S.C. ch. 1606; 38 U.S.C.
Department, Education, Employment, 501(a), 512, ch. 36, unless otherwise noted.
clearly show we established uniform
rules for all educational assistance Grant programs-education, Grant ■ 4. Section 21.7540 is amended by:
programs the Department of Veterans programs-veterans, Health care, Loan ■ a. Revising paragraph (a) introductory
Affairs administers. Prior to the final programs-education, Loan programs- text.
rule, a proposed rule proposing to take veterans, Manpower training programs, ■ b. In paragraph (a)(3), removing
the action was published in the Federal Reporting and recordkeeping ‘‘Reserve; and’’ and adding, in its place,
requirements, Schools, Travel and ‘‘Reserve;’’.
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1498 Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Rules and Regulations
The revisions and addition read as (i) The last day of the 14-year period ■ b. In paragraph (a)(1), removing
follows: beginning on the date the reservist ‘‘§ 21.7532(e) of this part.’’, and adding,
becomes eligible for educational in its place, ‘‘§ 21.1033(c) of subpart B.’’
§ 21.7540 Eligibility for educational
assistance; or ■ c. In paragraph (b)(1), removing
assistance.
(ii) The date the reservist is separated ‘‘§ 21.7550(a)(1)’’, and adding, in its
(a) Basic eligibility requirements. A from the Selected Reserve. place, ‘‘§ 21.7550(a)’’; and
reservist must meet the requirements for
(Authority: 10 U.S.C. 16133) ■ d. In paragraph (c)(1)(ii), removing
a secondary school diploma (or an
equivalency certificate) before applying ‘‘§ 21.7550(a)(1)’’, and adding, in its
(b) Extension due to active duty place, ‘‘§ 21.7550(a)’’.
for educational assistance. VA will orders. If the reservist serves on active
decide whether a reservist met those duty pursuant to an order to active duty [FR Doc. 06–175 Filed 1–9–06; 8:45 am]
requirements before applying for issued under section 12301(a), 12301(d), BILLING CODE 8320–01–P
educational assistance. If the reservist 12301(g), 12302, or 12304 of title 10,
applies before completing the U.S. Code, the period of this active duty
requirements, VA will disallow the plus four months shall not be
application. A reservist’s premature considered in determining the time DEPARTMENT OF TRANSPORTATION
application will not prevent the limit on eligibility found in paragraph
reservist from establishing eligibility at (a) of this section. Federal Railroad Administration
a later time by applying for educational (Authority: 10 U.S.C. 16133)
assistance again after having completed 49 CFR Part 219
the academic requirements. The Armed * * * * *
Forces will decide whether a reservist (d) Discharge for disability. In the case [Docket No. 2001–11213, Notice No. 9]
has met all the other eligibility criteria of a reservist separated from the
needed in order to receive educational Selected Reserve because of a disability
which was not the result of the RIN 2130–AA81
assistance pursuant to 10 U.S.C. chapter
1606. To be eligible a reservist: individual’s own willful misconduct Alcohol and Drug Testing:
and which was incurred on or after the Determination of Minimum Random
* * * * * date on which the reservist became
(5) Must have met the requirements Testing Rates for 2006
entitled to education assistance, the
for a secondary school diploma (or an
reservist’s period of eligibility expires AGENCY: Federal Railroad
equivalency certificate) before applying
effective the last day of the— Administration (FRA), DOT.
for educational assistance.
(1) 10-year period beginning on the ACTION: Notice of determination.
(Authority: 10 U.S.C. 16132; 38 U.S.C. date the reservist becomes eligible for
3033(c)). educational assistance if the reservist SUMMARY: Using data from Management
* * * * * became eligible before October 1, 1992; Information System annual reports, FRA
■ 5. Section 21.7550 is amended by: or has determined that the 2004 rail
■ a. Redesignating paragraphs (b) (2) 14-year period beginning on the industry random testing positive rate
through (d) as (c) through (e). date the reservist becomes eligible for was 0.94 percent for drugs and 0.18
■ b. Adding a new paragraph (b). educational assistance if the reservist percent for alcohol. Since the industry-
■ c. Revising paragraph (a). becomes eligible after September 30, wide random drug testing positive rate
■ d. Revising redesignated paragraph (d)
1992. has remained below 1.0 percent for the
and its authority citation.
■ e. Revising redesignated paragraph (e). (Authority: 10 U.S.C. 16133) last two years, the Federal Railroad
The revisions read as follows: Administrator (Administrator) has
(e) Unit deactivated. (1) Except as determined that the minimum annual
§ 21.7550 Ending dates of eligibility. provided in paragraph (e)(3) or (e)(4) of random drug testing rate for the period
this section, the period of eligibility of January 1, 2006, through December 31,
(a) Time limit on eligibility. (1)
a reservist, eligible for educational 2006, will remain at 25 percent of
Reservists who become eligible before
assistance under this subpart, who covered railroad employees. Since the
October 1, 1992. Except as provided in
ceases to become a member of the random alcohol testing violation rate
§ 21.7551 and paragraphs (b), (c), (d),
Selected Reserve during the period has remained below 0.5 percent for the
and (e) of this section, if the reservist
beginning October 1, 1991, and ending last two years, the Administrator has
becomes eligible for educational
December 31, 2001, under either of the determined that the minimum random
assistance before October 1, 1992, the
conditions described in paragraph (e)(2) alcohol testing rate will remain at 10
period of eligibility expires effective the
of this section will expire on the date— percent of covered railroad employees
earlier of the following dates:
(i) The last day of the 10-year period (i) 10 years after the date the reservist for the period January 1, 2006, through
beginning on the date the reservist becomes eligible for educational December 31, 2006.
becomes eligible for educational assistance if the reservist became
eligible before October 1, 1992; or DATES: This document is effective upon
assistance; or publication.
(ii) The date the reservist is separated (ii) 14 years after the date the reservist
from the Selected Reserve. becomes eligible for educational FOR FURTHER INFORMATION CONTACT:
(2) Reservists who become eligible assistance if the reservist becomes Lamar Allen, Alcohol and Drug Program
after September 30, 1992. Except as eligible after September 30, 1992. Manager, Office of Safety Enforcement,
provided in § 21.7551 and paragraphs * * * * * Mail Stop 25, Federal Railroad
(b), (c), (d), and (e) of this section, if a Administration, 1120 Vermont Avenue,
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