[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Rules and Regulations]
[Pages 6958-6959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2466]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AM37
Home Schooling and Educational Institution
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
adjudication regulation regarding the definition of a child for
purposes of establishing entitlement to additional monetary benefits
for a child who is home-schooled. VA defines educational institutions
to include home-school programs that meet the legal requirements of the
States (by complying with the compulsory attendance laws of the States)
in which they are located. The proposed rule published in the Federal
Register on July 13, 2006, is adopted as final, without change.
DATES: Effective Date: March 16, 2007.
FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Regulations Staff,
Compensation and Pension Service, Veterans Benefits Administration,
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC
20420, (202) 273-7210.
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on July 13, 2006, (71 FR 39616), VA proposed to amend its
regulations regarding the definition of a child for purposes of
establishing entitlement to additional monetary benefits for a child
who is home-schooled. VA defined educational institutions and included
home-school programs that meet the legal requirements of the States (by
complying with the compulsory attendance laws of the States) in which
they are located.
The 60-day public comment period ended on September 11, 2006. One
comment was received from the Home School Legal Defense Association and
it supported the rule change.
Based on the rationale set forth in the proposed rule and the
rationale contained in this document, we are adopting the provisions of
the proposed rule as a final rule without change.
Paperwork Reduction Act
The collection of information under the Paperwork Reduction Act (44
U.S.C. 3501-3521) referenced in this final rule has an existing Office
of Management and Budget (OMB) approval as a form. The form is VA Form
21-674, Request for Approval of School Attendance, OMB approval number
2900-0049. No changes are made in this final rule to the collection of
information.
Regulatory Flexibility Act
The Secretary 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, 5 U.S.C. 601-
612. This final rule would not affect any small entities. Therefore,
pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial
and final 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 to be a significant regulatory action under the Executive
Order because it is likely to result in a rule that may raise novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
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 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 one 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 numbers and
titles for this final rule are 64.104 Pension for Non-Service-Connected
Disability for Veterans, 64.105 Pension to Veterans Surviving Spouses,
and Children, 64.109 Veterans Compensation for
[[Page 6959]]
Service-Connected Disability, and 64.110 Veterans Dependency and
Indemnity Compensation for Service-Connected Death.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive materials, Veterans, Vietnam.
Approved: January 4, 2007.
R. James Nicholson,
Secretary of Veterans Affairs.
0
For the reasons set out in the preamble, VA amends 38 CFR part 3 as
follows:
PART 3--ADJUDICATION
0
1. The authority citation for part 3, subpart A continues to read as
follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
0
2. Revise Sec. 3.57(a)(1)(iii) to read as follows:
Sec. 3.57 Child.
(a) * * *
(1) * * *
(iii) Who, after reaching the age of 18 years and until completion
of education or training (but not after reaching the age of 23 years)
is pursuing a course of instruction at an educational institution
approved by the Department of Veterans Affairs. For the purposes of
this section and Sec. 3.667, the term ``educational institution''
means a permanent organization that offers courses of instruction to a
group of students who meet its enrollment criteria, including schools,
colleges, academies, seminaries, technical institutes, and
universities. The term also includes home schools that operate in
compliance with the compulsory attendance laws of the States in which
they are located, whether treated as private schools or home schools
under State law. The term ``home schools'' is limited to courses of
instruction for grades kindergarten through 12.
(Authority: 38 U.S.C. 101(4)(A), 104(a))
* * * * *
[FR Doc. E7-2466 Filed 2-13-07; 8:45 am]
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