Veterans Education; Flight Training

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AG54

Veterans Education; Flight Training

AGENCY: Department of Veterans Affairs.

ACTION: Final regulations.

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SUMMARY: These amended regulations permit pilot flight training

pursuant to 14 CFR, Part 61, conducted in flight simulators to be

approved for purposes of VA (Department of Veterans Affairs)

administered education benefits when such training is authorized by the

FAA (Federal Aviation Administration). These regulations also provide

for approval of solo flight training for such education benefits

purposes, as authorized by the Veterans Benefits Act of 1992.

EFFECTIVE DATES: The amendments to Secs. 21.4263(g)(1), 21.4263(g)(4),

21.4263(g)(4)(ii) and the new paragraph 21.4263(h)(1)(iii) are

effective September 30, 1990. All other amendments to the regulations

included here are effective October 1, 1992.

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer (225), Assistant

Director for Policy and Program Administration, Education Service,

Veterans Benefits Administration, Department of Veterans Affairs, 810

Vermont Avenue, NW., Washington, DC 20420, 202-233-2092.

SUPPLEMENTARY INFORMATION: On pages 49196 through 49199 of the Federal

Register of September 22, 1993, there were published interim final

regulations with a request for public comment. These regulations

amended 38 CFR part 21 in order to implement provisions of the Veterans

Benefits Act of 1992 which affect flight training and to provide for

approval of flight training in flight simulators for VA educational

benefit purposes. Interested people were given 30 days to submit

comments, suggestions or objections. VA received no comments,

suggestions or objections. Accordingly, these regulations are now

final.

To ensure that flight training would achieve the end of qualifying

the individual for employment in the aviation industry, VA regulation

Sec. 21.4263 has long restricted approvable training in two ways: (1)

The entity providing the training must have a pilot school or

provisional pilot school certificate issued by the FAA under part 141,

14 CFR (Sec. 21.4263(g)); and (2) the training being offered must meet

the FAA requirements of either Part 141, in the case of pilots, or part

63, in the case of flight crew members other than pilots

(Sec. 21.4263(g)(3)(ii)). Thus, the individual is assured of the

quality of the training and its ability to enable him or her to meet

FAA standards for an appropriate certificate or rating in areas

relevant to commercial aviation.

For the reasons stated in the Federal Register on September 22,

1993, these amended regulations now also permit pilot flight training

pursuant to 14 CFR part 61, conducted in flight simulators to be

approved for purposes of VA (Department of Veterans Affairs)

administered education benefits when such training is authorized by the

FAA (Federal Aviation Administration).

The Veterans Benefits Act of 1992, Public Law 102-568, contains a

provision which now allows eligible veterans and servicemembers to

receive educational assistance allowance for pursuing solo flight

training. Therefore, these amendments contain provisions governing such

flight training.

The Secretary of Veterans Affairs has certified that these amended

regulations will not have a significant economic impact on a

substantial number of small entities as they are defined in the

Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612. Pursuant to 5

U.S.C. 605(b), the amended regulations, therefore, are exempt from the

initial and final regulatory flexibility analyses requirements of

sections 603 and 604.

This certification can be made because those provisions governing

solo flight training affect only individuals. While the amended

regulations governing flight training in a flight simulator will

directly affect some small entities, VA does not believe that they will

affect a substantial number of them. Most of the schools or entities

which now will be able to seek approval are under the control of the

major airlines. These airlines would not qualify as small entities.

Furthermore, the economic impact on the few small entities that would

qualify to seek approval for additional training would be positive

since there may be additional veterans who would pursue the courses

offered by those small entities. VA does not think that this would be a

significant economic impact since the number of veterans enrolling in

any course would probably be small.

VA finds that the Administrative Procedures Act allows a

retroactive effective date for these amended regulations. The amended

regulations governing flight training in flight simulators contain only

liberalizing provisions which relieve a restriction imposed on the

approval of flight courses.

Furthermore, the department is aware that although the regulations

did not permit approval of courses offered pursuant to part 61, 14 CFR,

some courses have been approved due to a misunderstanding as to the

nature of some of these courses and some veterans have received

educational assistance for pursuing them. Since, in these cases, FAA-

approved training of the kind covered by these regulations was provided

based on administrative approval of the courses, VA believes it

appropriate that this promulgation of regulations also ratify such

course approvals. Accordingly, VA is making the amendments to

Secs. 21.4263(g)(1), 21.4263(g)(4), 21.4263(g)(4)(i) and the new

paragraph 21.4263(h)(1)(iii) effective September 30, 1990, which is the

same as the effective date for the earliest of these approvals.

The Department of Veterans Affairs finds that good cause exists for

making the amendments to remaining regulations, like the provisions of

law they implement, retroactively effective on October 1, 1992.

It is necessary to implement these provisions of law as soon as

possible. These provisions are intended to achieve a benefit for the

individual. The maximum benefits intended in the legislation will be

achieved through prompt implementation. Hence, a delayed effective date

would be contrary to statutory design, would complicate administration

of these provisions of law; and might result in the denial of a benefit

to someone who is entitled to it.

These regulations have been reviewed by OMB (the Office of

Management and Budget) under Executive Order 12866.

The Catalog of Federal Domestic Assistance numbers for the programs

affected by these amended regulations are 64.120, 64.124 and 12.609.

List of Subjects in 38 CFR Part 21

Civil rights, Claims, Education, Grant programs-education, Loan

programs-education, Reporting and recordkeeping requirements, Schools,

Veterans, Vocational education, Vocational rehabilitation.

Approved: March 15, 1994.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the preamble, 38 CFR part 21, subpart D

is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart D--Administration of Educational Benefits; 38 U.S.C.

Chapters 34, 35, and 36

1. The authority citation for part 21, subpart D continues to read

as follows:

Authority: 38 U.S.C. 501(a).

2. In Sec. 21.4263 paragraphs (g)(3), (g)(2), (g)(1) and the

introductory text of paragraph (g) are redesignated paragraphs (g)(4),

(g)(3), (g)(2) and (g)(1) respectively; newly redesignated paragraphs

(g)(1), (g)(4) introductory text and (g)(4)(ii) are revised; paragraph

(h)(1) is revised; paragraphs (h)(3)(i) and (h)(3)(ii) are revised;

paragraph (h)(4)(i) introductory text is revised and paragraph

(h)(4)(iii) and its authority citation are added; and the introductory

text of paragraph (i) is revised to read as follows:

Sec. 21.4263 Flight training--38 U.S.C. chapter 30 and 10 U.S.C.

chapter 106.

* * * * *

(g) Requirements for approval. (1) For the purposes of this part, a

flight course may be approved only if it is offered by a flight school.

A flight school is a school or entity which meets one of the following

sets of requirements.

(i) The FAA has issued the school or entity either a pilot school

certificate or a provisional pilot school certificate specifying each

course the school is approved to offer under 14 CFR part 141. Thus, a

military aero club, air carrier or institution of higher learning with

the proper certificate is a flight school.

(ii) The entity is either a Flight Training Center or an Air

Carrier which does not have a pilot school or provisional pilot school

certificate issued by the FAA under 14 CFR part 141, but pursuant to a

Grant of Exemption letter issued by the FAA, is permitted to offer

pilot training by a flight simulator instead of by use of actual

aircraft.

* * * * *

(4) Except as provided in paragraph (g)(3) of this section, no

private pilot, student pilot, recreational pilot or test course may be

approved by the appropriate State approving agency. Other flight

courses of a flight school may be approved if the school has submitted

a written application and the State approving agency determines that

all of the following requirements are met:

* * * * *

(ii) The course meets the requirements of 14 CFR parts 63 or 141,

and is offered by a flight school described in paragraph (g)(1)(i) of

this section; or meets the requirements of 14 CFR part 61 and is

offered in whole or in part by a flight simulator pursuant to a grant

of exemption letter issued by the FAA to the flight school offering the

course.

* * * * *

(h) Hourly limitations. * * *

(1) Flight or flight simulator instruction. Except as provided in

paragraph (h)(4) of this section, the maximum number of hours of flight

instruction or flight simulator instruction which may be approved for a

flight course shall not exceed the number determined by this paragraph.

(i) The maximum number of hours of solo flight instruction shall

not exceed the minimum number of hours required for the course provided

by FAA regulations.

(ii) The maximum number of hours of dual flight instruction shall

not exceed the lesser of--

(A) The number of hours of dual flight instruction in the course

outline approved by the FAA, or

(B) 120% of the minimum number of hours of dual flight instruction

required for the course by FAA regulations.

(iii) The maximum number of approvable hours for a course offered

in whole or in part by flight simulator may not exceed the number of

hours in the FAA-approved outline.

(Authority: 38 U.S.C. 3032(f), 3231(f), 10 U.S.C. 2131(g))

* * * * *

(3) Preflight briefings and postflight critiques. * * *

(i) If these hours are on the FAA-approved outline, the maximum

number of hours of preflight briefings and postflight critiques shall

not exceed the number of hours on the outline exclusive of the

preflight briefings and post-flight critiques which are attributable to

solo flying hours that exceed the minimum number of solo flying hours

for the course in 14 CFR part 141.

(ii) If these hours are not on the FAA-approved outline, they may

not be approved unless the State approving agency finds that the

briefings and critiques are an integral part of the course and do not

precede or follow solo flying hours which exceed the minimum number of

solo flying hours for the course in 14 CFR part 141. The maximum number

of hours of preflight briefings and postflight critiques which may be

approved for these courses may not, when added together, exceed 25

percent of the approved hours of flight instruction.

(Authority: 38 U.S.C. 3002, 3452(b), 10 U.S.C. 2131)

(4) Waiver of limitation in approvable course hours. (i) Flight

schools that wish to have a greater number of hours of dual flight

instruction approved than are permitted by paragraph (h)(1)(ii) of this

section, may seek an administrative review of their approval by the

Director, Education Service. Requests for such a review should be made

in writing to the Director of the VA facility having jurisdiction over

the flight school. The request should--

* * * * *

(iii) The limit on the number of hours of solo flight instruction

found in paragraph (h)(1)(i) of this section may not be waived.

(Authority: 38 U.S.C. 3032(f), 3231(f), 10 U.S.C. 2131(g))

(i) Charges. The appropriate State approving agency shall approve

charges for tuition and fees for each flight course exclusive of

charges for tuition and fees for solo flying hours which exceed the

maximum permitted under paragraph (h)(1)(i) of this section and for

preflight briefings and postflight critiques which precede or follow

the excess solo hours.

* * * * *

[FR Doc. 94-10018 Filed 4-26-94; 8:45 am]

BILLING CODE 8320-01-P