Filipino Veterans' Benefits Improvements, 8-9 [E6-22501]

Download as PDF 8 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations Avenue, NW., Washington, DC 20210, telephone: (202) 693–5445. SUPPLEMENTARY INFORMATION: This direct final rulemaking applies to shipyard employment as defined at 29 CFR 1915.4. It updates NFPA standards incorporated by reference in the shipyard fire protection standard (29 CFR Part 1915, Subpart P) issued by OSHA on September 15, 2004 by replacing the older versions of NFPA consensus standards with the most current versions (see 69 FR 55668). On October 17, 2006, OSHA published a direct final rule in the Federal Register with a statement that the rule would go into effect unless a significant adverse comment was received within a specified period of time (see 71 FR 60843). An associated proposed rule was also published at the same time (see 71 FR 60932). In both the direct final rule and proposed rule notices, OSHA requested comments on all issues related to this action. OSHA received only one comment on the direct final rule, which supported the rulemaking. Since no adverse comments were received, the direct final rule will become effective on January 16, 2007. As discussed in the October 17th direct final rule and the associated proposed rule, OSHA will not proceed with the proposed rule. Authority and Signature This document was prepared under the direction of Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. It is issued pursuant to sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor’s Order 5–2002 (67 FR 65008); and 29 CFR part 1911. Signed at Washington, DC this 18th day of December, 2006. Edwin G. Foulke, Jr., Assistant Secretary of Labor. [FR Doc. E6–22189 Filed 12–29–06; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900–AK65 pwalker on PROD1PC71 with RULES Filipino Veterans’ Benefits Improvements Department of Veterans Affairs. Final rule. AGENCY: ACTION: SUMMARY: This document amends the Department of Veterans Affairs (VA) VerDate Aug<31>2005 17:09 Dec 29, 2006 Jkt 211001 adjudication regulations to implement Public Law 108–183, the Veterans Benefits Act of 2003. This public law added service in the Philippine Scouts as qualifying service for payment of compensation, dependency and indemnity compensation (DIC), and monetary burial benefits at the fulldollar rate, and provided for payment of DIC at the full-dollar rate to survivors of certain veterans of the Philippine Commonwealth Army and recognized guerrilla forces who lawfully reside in the United States. This document adopts the interim final rule, which was published in the Federal Register on February 16, 2006 at 71 FR 8215, as a final rule with a technical correction. DATES: Effective Date: This amendment is effective January 3, 2007. FOR FURTHER INFORMATION CONTACT: Bill Russo, Chief, Regulations Staff (211D), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Ave., NW., Washington DC, 20420, (202) 273–7210. SUPPLEMENTARY INFORMATION: On December 27, 2001, VA published an interim final rule in the Federal Register for notice and comment (66 FR 66763) amending VA adjudication regulations to reflect changes made by two public laws. First, Public Law 106– 377, The Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 2001, changed the rate of compensation payments to certain veterans of the Philippine Commonwealth Army and recognized guerrilla forces who reside in the United States. Second, Public Law 106–419, the Veterans Benefits and Health Care Improvement Act of 2000, changed the amount of monetary burial benefits that VA will pay to survivors of certain veterans of the Philippine Commonwealth Army and recognized guerrilla forces who lawfully reside in the United States at death. On February 16, 2006, VA published in the Federal Register (71 FR 8215) a final rule adopting the interim final rule with changes and responding to public comments. Included with this final rule was an interim final rule that implemented Public Law 108–183 and solicited comments on these regulatory amendments only. Interested persons were invited to submit written comments on or before March 20, 2006. We did not receive any comments. We are making one change to 38 CFR 3.42(c)(4)(ii) as a technical correction. We determined that there was an error in the text of the interim final rule, as published on February 16, 2006. Section PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 3.42(c)(4)(ii) incorrectly stated, ‘‘A Post Office box mailing address in the veteran’s name does not constitute evidence showing that the veteran was lawfully residing in the United States on the date of death.’’ The proof of residence requirements in § 3.42(c)(4) apply to both compensation benefits paid to veterans and dependency and indemnity compensation benefits paid to veterans’ survivors, but the interim final rule in § 3.42(c)(4)(ii) incorrectly referred only to veterans. Moreover, the reference to ‘‘date of death’’ is incorrect; that criterion would only apply in a claim for full-dollar burial benefits under § 3.43. We are therefore correcting § 3.42(c)(4)(ii) to state, ‘‘A Post Office box mailing address in the veteran’s name or the name of the veteran’s survivor does not constitute evidence showing that the veteran or veteran’s survivor is lawfully residing in the United States.’’ Based on the rationale stated in the interim final rule published on February 16, 2006, and in this document, the interim final rule is adopted as a final rule with a technical correction. Paperwork Reduction Act All collections of information under the Paperwork Reduction Act (44 U.S.C. 3501–3521) referenced in this final rule have existing OMB approval as a form under control number 2900–0655. No changes are made in this final rule to those collections of information. Regulatory Flexibility Act The Secretary hereby certifies that this regulatory amendment 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. The reason for this certification is that these amendments would not directly affect any small entities. Only VA beneficiaries could be directly affected. Therefore, under 5 U.S.C. 605(b), these amendments are exempt from the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 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 Order classifies a rule as a significant regulatory action requiring review by the Office of Management and Budget if it meets any one of a number of E:\FR\FM\03JAR1.SGM 03JAR1 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations specified conditions, including: having an annual effect on the economy of $100 million or more, creating a serious inconsistency or interfering with an action of another agency, materially altering the budgetary impact of entitlements or the rights of entitlement recipients, or raising novel legal or policy issues. VA has examined the economic, legal, and policy implications of this final rule and has concluded that it is not a significant regulatory action under Executive Order 12866 because it merely provides a technical correction to the interim final rule. 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 expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any given year. This rule will have no such effect on State, local, or tribal governments, or the private sector. Catalog of Federal Domestic Assistance Numbers and Titles The Catalog of Federal Domestic Assistance program numbers and titles are 64.100, Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces; 64.101, Burial Expenses Allowance for Veterans; 64.104, Pension for Non-Service-Connected Deaths for Veterans; 64.105, Pension to Veterans Surviving Spouses, and Children; 64.106, Specially Adapted Housing for Disabled Veterans; 64.109, Veterans Compensation for 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. 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: I Authority: 38 U.S.C. 501(a), unless otherwise noted. 2. In § 3.42, revise paragraph (c)(4)(ii) and add the information collection parenthetical at the end of the section to read as follows: I § 3.42 Compensation at the full-dollar rate for certain Filipino veterans or their survivors residing in the United States. * * * * * (c) * * * (4) * * * (ii) A Post Office box mailing address in the veteran’s name or the name of the veteran’s survivor does not constitute evidence showing that the veteran or veteran’s survivor is lawfully residing in the United States. * * * * * (The Office of Management and Budget has approved the information collection requirements in this section under control number 2900–0655.) § 3.43 Burial benefits at the full-dollar rate for certain Filipino veterans residing in the United States on the date of death. 3. In § 3.43, add the information collection parenthetical at the end of the section to read as follows: * * * * * I (The Office of Management and Budget has approved the information collection requirements in this section under control number 2900–0655.) [FR Doc. E6–22501 Filed 12–29–06; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2005–CA–0011, FRL–8259– 9] Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District Approved: August 10, 2006. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. AGENCY: Accordingly, the interim final rule amending 38 CFR part 3 which was published at 71 FR 8215 on February 16, 2006, is adopted as a final rule with the following technical correction: SUMMARY: EPA is taking direct final action to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). These revisions concern the pwalker on PROD1PC71 with RULES I VerDate Aug<31>2005 17:09 Dec 29, 2006 Jkt 211001 Environmental Protection Agency (EPA). ACTION: Direct final rule. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 9 permitting of air pollution sources. We are approving local rules under authority of the Clean Air Act as amended in 1990 (CAA or the Act). DATES: This rule is effective on March 5, 2007 without further notice, unless EPA receives adverse comments by February 2, 2007. If we receive such comment, we will publish a timely withdrawal in the Federal Register to notify the public that this rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2005–CA–0011, by one of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. • E-mail: R9airpermits@epa.gov. • Mail or deliver: Gerardo Rios (Air– 3), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact FOR FURTHER INFORMATION CONTACT section below. FOR FURTHER INFORMATION CONTACT: Manny Aquitania, Permits Office (AIR– 3), U.S. Environmental Protection Agency, Region IX, (415) 972–3977, aquitania.manny@epa.gov. E:\FR\FM\03JAR1.SGM 03JAR1

Agencies

[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Rules and Regulations]
[Pages 8-9]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22501]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AK65


Filipino Veterans' Benefits Improvements

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations to implement Public Law 108-183, the Veterans 
Benefits Act of 2003. This public law added service in the Philippine 
Scouts as qualifying service for payment of compensation, dependency 
and indemnity compensation (DIC), and monetary burial benefits at the 
full-dollar rate, and provided for payment of DIC at the full-dollar 
rate to survivors of certain veterans of the Philippine Commonwealth 
Army and recognized guerrilla forces who lawfully reside in the United 
States. This document adopts the interim final rule, which was 
published in the Federal Register on February 16, 2006 at 71 FR 8215, 
as a final rule with a technical correction.

DATES: Effective Date: This amendment is effective January 3, 2007.

FOR FURTHER INFORMATION CONTACT: Bill Russo, Chief, Regulations Staff 
(211D), Compensation and Pension Service, Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Ave., NW., 
Washington DC, 20420, (202) 273-7210.

SUPPLEMENTARY INFORMATION: On December 27, 2001, VA published an 
interim final rule in the Federal Register for notice and comment (66 
FR 66763) amending VA adjudication regulations to reflect changes made 
by two public laws. First, Public Law 106-377, The Departments of 
Veterans Affairs and Housing and Urban Development and Independent 
Agencies Appropriations Act, 2001, changed the rate of compensation 
payments to certain veterans of the Philippine Commonwealth Army and 
recognized guerrilla forces who reside in the United States. Second, 
Public Law 106-419, the Veterans Benefits and Health Care Improvement 
Act of 2000, changed the amount of monetary burial benefits that VA 
will pay to survivors of certain veterans of the Philippine 
Commonwealth Army and recognized guerrilla forces who lawfully reside 
in the United States at death. On February 16, 2006, VA published in 
the Federal Register (71 FR 8215) a final rule adopting the interim 
final rule with changes and responding to public comments. Included 
with this final rule was an interim final rule that implemented Public 
Law 108-183 and solicited comments on these regulatory amendments only. 
Interested persons were invited to submit written comments on or before 
March 20, 2006. We did not receive any comments.
    We are making one change to 38 CFR 3.42(c)(4)(ii) as a technical 
correction. We determined that there was an error in the text of the 
interim final rule, as published on February 16, 2006. Section 
3.42(c)(4)(ii) incorrectly stated, ``A Post Office box mailing address 
in the veteran's name does not constitute evidence showing that the 
veteran was lawfully residing in the United States on the date of 
death.'' The proof of residence requirements in Sec.  3.42(c)(4) apply 
to both compensation benefits paid to veterans and dependency and 
indemnity compensation benefits paid to veterans' survivors, but the 
interim final rule in Sec.  3.42(c)(4)(ii) incorrectly referred only to 
veterans. Moreover, the reference to ``date of death'' is incorrect; 
that criterion would only apply in a claim for full-dollar burial 
benefits under Sec.  3.43. We are therefore correcting Sec.  
3.42(c)(4)(ii) to state, ``A Post Office box mailing address in the 
veteran's name or the name of the veteran's survivor does not 
constitute evidence showing that the veteran or veteran's survivor is 
lawfully residing in the United States.''
    Based on the rationale stated in the interim final rule published 
on February 16, 2006, and in this document, the interim final rule is 
adopted as a final rule with a technical correction.

Paperwork Reduction Act

    All collections of information under the Paperwork Reduction Act 
(44 U.S.C. 3501-3521) referenced in this final rule have existing OMB 
approval as a form under control number 2900-0655. No changes are made 
in this final rule to those collections of information.

Regulatory Flexibility Act

    The Secretary hereby certifies that this regulatory amendment 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. The reason for this certification is that these 
amendments would not directly affect any small entities. Only VA 
beneficiaries could be directly affected. Therefore, under 5 U.S.C. 
605(b), these amendments are exempt from the initial and final 
regulatory flexibility analysis requirements of 5 U.S.C. 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 Order 
classifies a rule as a significant regulatory action requiring review 
by the Office of Management and Budget if it meets any one of a number 
of

[[Page 9]]

specified conditions, including: having an annual effect on the economy 
of $100 million or more, creating a serious inconsistency or 
interfering with an action of another agency, materially altering the 
budgetary impact of entitlements or the rights of entitlement 
recipients, or raising novel legal or policy issues. VA has examined 
the economic, legal, and policy implications of this final rule and has 
concluded that it is not a significant regulatory action under 
Executive Order 12866 because it merely provides a technical correction 
to the interim final rule.

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 expenditure by 
State, local, or tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any given year. This rule will have no such effect on 
State, local, or tribal governments, or the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles

    The Catalog of Federal Domestic Assistance program numbers and 
titles are 64.100, Automobiles and Adaptive Equipment for Certain 
Disabled Veterans and Members of the Armed Forces; 64.101, Burial 
Expenses Allowance for Veterans; 64.104, Pension for Non-Service-
Connected Deaths for Veterans; 64.105, Pension to Veterans Surviving 
Spouses, and Children; 64.106, Specially Adapted Housing for Disabled 
Veterans; 64.109, Veterans Compensation for 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: August 10, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

0
Accordingly, the interim final rule amending 38 CFR part 3 which was 
published at 71 FR 8215 on February 16, 2006, is adopted as a final 
rule with the following technical correction:

PART 3--ADJUDICATION

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

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. In Sec.  3.42, revise paragraph (c)(4)(ii) and add the information 
collection parenthetical at the end of the section to read as follows:


Sec.  3.42  Compensation at the full-dollar rate for certain Filipino 
veterans or their survivors residing in the United States.

* * * * *
    (c) * * *
    (4) * * *
    (ii) A Post Office box mailing address in the veteran's name or the 
name of the veteran's survivor does not constitute evidence showing 
that the veteran or veteran's survivor is lawfully residing in the 
United States.
* * * * *
    (The Office of Management and Budget has approved the 
information collection requirements in this section under control 
number 2900-0655.)


Sec.  3.43  Burial benefits at the full-dollar rate for certain 
Filipino veterans residing in the United States on the date of death.

0
3. In Sec.  3.43, add the information collection parenthetical at the 
end of the section to read as follows:
* * * * *
    (The Office of Management and Budget has approved the 
information collection requirements in this section under control 
number 2900-0655.)

[FR Doc. E6-22501 Filed 12-29-06; 8:45 am]
BILLING CODE 8320-01-P
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