International Terrorism Victim Expense Reimbursement Program, 19909-19910 [2011-8479]
Download as PDF
Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations
Dated: April 5, 2011.
John J. Manfreda,
Administrator.
[FR Doc. 2011–8528 Filed 4–8–11; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 94
[Docket No.: OJP (OVC) 1539]
RIN 1121–AA78
International Terrorism Victim Expense
Reimbursement Program
Office of Justice Programs,
Justice.
ACTION: Interim-final rule.
AGENCY:
The Office for Victims of
Crime (OVC) is promulgating this
interim-final rule for its International
Terrorism Victim Expense
Reimbursement Program (ITVERP) in
order to remove a regulatory limitation
on the discretion of the Director of OVC
to accept claims filed more than three
years after the date that an incident is
designated as an incident of
international terrorism.
DATES:
Effective date: This interim-final rule
is effective April 11, 2011.
Comment date: Written comments
must be submitted on or before June 10,
2011.
FOR FURTHER INFORMATION CONTACT:
Chandria Slaughter, Grant Program
Specialist, International Terrorism
Victim Expense Reimbursement
Program, at 202–307–5983.
SUPPLEMENTARY INFORMATION:
SUMMARY:
WReier-Aviles on DSKGBLS3C1PROD with RULES
I. Posting of Public Comments
Please note that all comments
received are considered part of the
public record and made available for
public inspection online at https://
www.regulations.gov. Information made
available for public inspection includes
personal identifying information (such
as your name, address, etc.) voluntarily
submitted by the commenter.
If you wish to submit personal
identifying information (such as your
name, address, etc.) as part of your
comment, but do not wish it to be
posted online, you must include the
phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also locate
all the personal identifying information
that you do not want posted online in
the first paragraph of your comment and
VerDate Mar<15>2010
13:05 Apr 08, 2011
Jkt 223001
identify what information you want the
agency to redact. Personal identifying
information identified and located as set
forth above will be placed in the
agency’s public docket file, but not
posted online.
If you wish to submit confidential
business information as part of your
comment but do not wish it to be posted
online, you must include the phrase
‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment has
so much confidential business
information that it cannot be effectively
redacted, the agency may choose not to
post that comment (or to only partially
post that comment) on https://
www.regulations.gov. Confidential
business information identified and
located as set forth above will not be
placed in the public docket file, nor will
it be posted online.
If you wish to inspect the agency’s
public docket file in person by
appointment, please see the FOR
FURTHER INFORMATION CONTACT
paragraph.
II. Background
ITVERP is a Federal program that
provides reimbursement to nationals of
the United States and Federal
government employees (and certain
family members of such individuals,
under some circumstances), who are
victims of international terrorism and
who incur expenses as a result of such
incidents. For further information, see
the ITVERP Web site at https://
www.ojp.usdoj.gov/ovc/intdir/itverp.
OVC is promulgating (pursuant to 42
U.S.C. 10603c and 42 U.S.C. 10604(a))
this interim-final rule to provide the
Director of OVC with express
discretionary authority to accept claims
filed more than three years after the date
that an incident is designated as one of
international terrorism. Largely owing to
considerations of administrative
convenience, the present ITVERP rule
regarding application deadlines limits
the period within which OVC would
entertain waivers of claim filing
deadlines. Based on experience
administering the program since it went
into effect in 2006, OVC has determined
that this limit on waivers of late claims
may lead to denials of reimbursement
for victims with otherwise meritorious
claims, even under circumstances where
tolling of the deadline would be
appropriate.
The rule will allow the Director of
OVC to toll or extend the deadline for
a late-filed claim where the Director
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
19909
finds good cause to do so. In the
ordinary course, a showing of good
cause generally would require that the
claimant submit a written explanation—
satisfactory to the Director—for missing
the deadline. Examples of good cause
include situations where a victim’s
treatment for injuries sustained in an
incident were covered initially by
collateral sources, but these sources
later become unavailable after the filing
deadline has expired; where outreach to
overseas claimants has not been
effective; and where a claimant’s
extended illness, living abroad in
remote areas for extended periods of
time, or barriers to accessing
information about the program led to
the late filing. Absent circumstances
consonant with the foregoing, good
cause would not exist; thus, for
example, claimant’s missing the
deadline due to mere inattentiveness to
the program’s deadlines would not be
sufficient to establish good cause.
The amended rule will not alter any
existing regulatory deadlines, nor will it
impose any new deadlines (or any
burden whatsoever) on claimants, but
instead merely will operate to relieve an
administrative restriction, in the
existing rule, on claim filing (such rule
having been promulgated largely for the
administrative convenience of OVC,
which has found it, over the course of
four years of program administration, to
be unnecessary). This rule is being
published in interim-final form,
effective immediately, as there are
presently ITVERP claims before OVC
that might otherwise be unnecessarily
denied or delayed.
III. Regulatory Requirements
Executive Order 12866—Regulatory
Planning and Review
This regulation has been drafted in
accordance with Exec. Order No. 12866,
section 1(b), 58 FR 51, 735 (Sept. 30,
1993), Principles of Regulation. OJP has
determined that this regulation is not a
‘‘significant regulatory action’’ under
Executive Order No. 12866.
Nevertheless, this regulation has been
reviewed, in accordance with the
general principles of Executive Order
No. 12866, by the Office of Management
and Budget.
Administrative Procedure Act
OVC’s implementation of this rule as
an interim-final rule, with provision for
post-promulgation public comment, is
based on findings of good cause
pursuant to the Administrative
Procedure Act (5 U.S.C. 553(b)(3)(B) and
(d)). This minor rule amendment merely
alleviates a procedural restriction on
E:\FR\FM\11APR1.SGM
11APR1
19910
Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations
ITVERP claimants that might otherwise
lead to the denial of meritorious claims
from victims, even where such victims
show good cause for delayed filing.
The rule would not adversely affect
any segment of the public whatsoever,
as it would not result in the denial of
any additional claims, and therefore
advance notice and public comment are
unnecessary. The present rule clearly is
one that ‘‘grants or recognizes an
exemption or relieves a restriction,’’ and,
therefore, waiver of the 30-day period
prior to the rule’s taking effect is
likewise appropriate here. See 5 U.S.C.
553(d)(1). The changes made by this
interim-final rule remove an
unnecessary administrative restriction
on claim filing, and operate for the
benefit of victims of international
terrorism who may apply for the
program.
As there are presently ITVERP claims
before OVC that might otherwise be
unnecessarily denied or delayed absent
this amendment, it is impractical and
contrary to the public interest to delay
implementation of this rule. Moreover,
the portion of the ITVERP rule amended
by this interim-final rule directly affects
only the Director of OVC, and the
Director has ‘‘actual notice’’ of this rule,
per 5 U.S.C. 553(b). OVC believes that
the rule is noncontroversial and adverse
comments will not be received,
although comments on this rule are
invited. Accordingly, OVC finds that
‘‘good cause’’ exists under 5 U.S.C.
553(b)(B) and 553(d) to make this rule
effective upon publication in the
Federal Register. Public comment after
this rule is published is welcomed, and
will be carefully reviewed to ensure that
any substantive concerns or issues are
addressed.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Executive Order 13132—Federalism
This regulation will not have a
substantial direct effect on the states, on
the relationship between the national
government and the states, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Exec. Order No. 13132,
64 FR 43, 255 (Aug. 4, 1999), it is
determined that this regulation does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
Cost/Benefit Assessment
This regulation has no cost to state,
local, or tribal governments, or to the
private sector. It merely alleviates an
administrative restriction on victim
claim filing by permitting the OVC
Director to allow late filing where the
Director determines that this is
VerDate Mar<15>2010
11:35 Apr 08, 2011
Jkt 223001
appropriate. The ITVERP is funded by
fines, fees, penalty assessments, and
forfeitures paid by federal offenders, as
well as gifts from private individuals,
deposited into the Crime Victims Fund
in the U.S. Treasury, and set aside in the
Antiterrorism Emergency Reserve Fund,
which is capped at $50 million in any
given year. The cost to the Federal
Government consists both of
administrative expenses and amounts
reimbursed to victims. Both types of
costs depend on the number of
claimants, prospective as well as
retroactive. This rule is not expected to
significantly increase the number of
eligible claimants, and therefore the
negligible cost potentially associated
with allowing certain late-filed claims to
be processed is clearly outweighed by
considerations of fairness in the
program’s administration (given that the
program is relatively new) and the
benefit of ensuring that victims eligible
for, and in need of, reimbursement for
injuries and losses from overseas
terrorism are provided such
reimbursement. This regulation is not
expected to substantially increase the
overall budgetary impact of the ITVERP.
Regulatory Flexibility Act
This regulation will not have a
significant economic impact on a
substantial number of small entities.
This regulation has no cost to State,
local, or tribal governments, or to the
private sector. The ITVERP is funded by
fines, fees, penalty assessments, and
bond forfeitures paid by Federal
offenders, as well as gifts from private
individuals, deposited into the Crime
Victims Fund in the U.S. Treasury.
Therefore, an analysis of the impact of
this regulation on such entities is not
required under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
List of Subjects in 28 CFR Part 94
Administrative practice and
procedures, International terrorism,
Victim compensation.
Accordingly, for the reasons set forth
in the preamble, title 28, part 94,
subpart A of the Code of Federal
Regulations is amended as follows:
PART 94—CRIME VICTIM SERVICES
1. The authority citation for part 94
continues to read as follows:
■
Authority: Victims of Crime Act (VOCA),
Title II, Secs. 1404C and 1407 (42 U.S.C.
10603c, 10604).
Subpart A—International Terrorism
Victim Expense Reimbursement
Program
■
2. Revise § 94.32 to read as follows:
§ 94.32
Application deadline.
For claims related to acts of
international terrorism that occurred
after October 6, 2006, the deadline to
file an application is three years from
the date of the act of international
terrorism. For claims related to acts of
international terrorism that occurred
between December 21, 1988, and
October 6, 2006, the deadline to file an
application is October 6, 2009. At the
discretion of the Director, the deadline
for filing a claim may be tolled or
extended upon a showing of good cause.
Dated: March 31, 2011.
Laurie O. Robinson,
Assistant Attorney General.
[FR Doc. 2011–8479 Filed 4–8–11; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Paperwork Reduction Act of 1995
33 CFR Part 117
This rule contains no new
information collection or record-keeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501,
et seq.).
[Docket No. USCG–2011–0202]
Unfunded Mandates Reform Act of 1995
ACTION:
This regulation will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Drawbridge Operation Regulations;
Harlem River, New York, NY
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the 103rd Street (Wards
Island) Pedestrian Bridge, mile 0.0,
across the Harlem River at New York
City, New York. The deviation is
necessary to facilitate bridge
rehabilitation. This deviation allows the
SUMMARY:
E:\FR\FM\11APR1.SGM
11APR1
Agencies
[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Rules and Regulations]
[Pages 19909-19910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8479]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 94
[Docket No.: OJP (OVC) 1539]
RIN 1121-AA78
International Terrorism Victim Expense Reimbursement Program
AGENCY: Office of Justice Programs, Justice.
ACTION: Interim-final rule.
-----------------------------------------------------------------------
SUMMARY: The Office for Victims of Crime (OVC) is promulgating this
interim-final rule for its International Terrorism Victim Expense
Reimbursement Program (ITVERP) in order to remove a regulatory
limitation on the discretion of the Director of OVC to accept claims
filed more than three years after the date that an incident is
designated as an incident of international terrorism.
DATES:
Effective date: This interim-final rule is effective April 11,
2011.
Comment date: Written comments must be submitted on or before June
10, 2011.
FOR FURTHER INFORMATION CONTACT: Chandria Slaughter, Grant Program
Specialist, International Terrorism Victim Expense Reimbursement
Program, at 202-307-5983.
SUPPLEMENTARY INFORMATION:
I. Posting of Public Comments
Please note that all comments received are considered part of the
public record and made available for public inspection online at https://www.regulations.gov. Information made available for public inspection
includes personal identifying information (such as your name, address,
etc.) voluntarily submitted by the commenter.
If you wish to submit personal identifying information (such as
your name, address, etc.) as part of your comment, but do not wish it
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING
INFORMATION'' in the first paragraph of your comment. You must also
locate all the personal identifying information that you do not want
posted online in the first paragraph of your comment and identify what
information you want the agency to redact. Personal identifying
information identified and located as set forth above will be placed in
the agency's public docket file, but not posted online.
If you wish to submit confidential business information as part of
your comment but do not wish it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
has so much confidential business information that it cannot be
effectively redacted, the agency may choose not to post that comment
(or to only partially post that comment) on https://www.regulations.gov.
Confidential business information identified and located as set forth
above will not be placed in the public docket file, nor will it be
posted online.
If you wish to inspect the agency's public docket file in person by
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.
II. Background
ITVERP is a Federal program that provides reimbursement to
nationals of the United States and Federal government employees (and
certain family members of such individuals, under some circumstances),
who are victims of international terrorism and who incur expenses as a
result of such incidents. For further information, see the ITVERP Web
site at https://www.ojp.usdoj.gov/ovc/intdir/itverp.
OVC is promulgating (pursuant to 42 U.S.C. 10603c and 42 U.S.C.
10604(a)) this interim-final rule to provide the Director of OVC with
express discretionary authority to accept claims filed more than three
years after the date that an incident is designated as one of
international terrorism. Largely owing to considerations of
administrative convenience, the present ITVERP rule regarding
application deadlines limits the period within which OVC would
entertain waivers of claim filing deadlines. Based on experience
administering the program since it went into effect in 2006, OVC has
determined that this limit on waivers of late claims may lead to
denials of reimbursement for victims with otherwise meritorious claims,
even under circumstances where tolling of the deadline would be
appropriate.
The rule will allow the Director of OVC to toll or extend the
deadline for a late-filed claim where the Director finds good cause to
do so. In the ordinary course, a showing of good cause generally would
require that the claimant submit a written explanation--satisfactory to
the Director--for missing the deadline. Examples of good cause include
situations where a victim's treatment for injuries sustained in an
incident were covered initially by collateral sources, but these
sources later become unavailable after the filing deadline has expired;
where outreach to overseas claimants has not been effective; and where
a claimant's extended illness, living abroad in remote areas for
extended periods of time, or barriers to accessing information about
the program led to the late filing. Absent circumstances consonant with
the foregoing, good cause would not exist; thus, for example,
claimant's missing the deadline due to mere inattentiveness to the
program's deadlines would not be sufficient to establish good cause.
The amended rule will not alter any existing regulatory deadlines,
nor will it impose any new deadlines (or any burden whatsoever) on
claimants, but instead merely will operate to relieve an administrative
restriction, in the existing rule, on claim filing (such rule having
been promulgated largely for the administrative convenience of OVC,
which has found it, over the course of four years of program
administration, to be unnecessary). This rule is being published in
interim-final form, effective immediately, as there are presently
ITVERP claims before OVC that might otherwise be unnecessarily denied
or delayed.
III. Regulatory Requirements
Executive Order 12866--Regulatory Planning and Review
This regulation has been drafted in accordance with Exec. Order No.
12866, section 1(b), 58 FR 51, 735 (Sept. 30, 1993), Principles of
Regulation. OJP has determined that this regulation is not a
``significant regulatory action'' under Executive Order No. 12866.
Nevertheless, this regulation has been reviewed, in accordance with the
general principles of Executive Order No. 12866, by the Office of
Management and Budget.
Administrative Procedure Act
OVC's implementation of this rule as an interim-final rule, with
provision for post-promulgation public comment, is based on findings of
good cause pursuant to the Administrative Procedure Act (5 U.S.C.
553(b)(3)(B) and (d)). This minor rule amendment merely alleviates a
procedural restriction on
[[Page 19910]]
ITVERP claimants that might otherwise lead to the denial of meritorious
claims from victims, even where such victims show good cause for
delayed filing.
The rule would not adversely affect any segment of the public
whatsoever, as it would not result in the denial of any additional
claims, and therefore advance notice and public comment are
unnecessary. The present rule clearly is one that ``grants or
recognizes an exemption or relieves a restriction,'' and, therefore,
waiver of the 30-day period prior to the rule's taking effect is
likewise appropriate here. See 5 U.S.C. 553(d)(1). The changes made by
this interim-final rule remove an unnecessary administrative
restriction on claim filing, and operate for the benefit of victims of
international terrorism who may apply for the program.
As there are presently ITVERP claims before OVC that might
otherwise be unnecessarily denied or delayed absent this amendment, it
is impractical and contrary to the public interest to delay
implementation of this rule. Moreover, the portion of the ITVERP rule
amended by this interim-final rule directly affects only the Director
of OVC, and the Director has ``actual notice'' of this rule, per 5
U.S.C. 553(b). OVC believes that the rule is noncontroversial and
adverse comments will not be received, although comments on this rule
are invited. Accordingly, OVC finds that ``good cause'' exists under 5
U.S.C. 553(b)(B) and 553(d) to make this rule effective upon
publication in the Federal Register. Public comment after this rule is
published is welcomed, and will be carefully reviewed to ensure that
any substantive concerns or issues are addressed.
Executive Order 13132--Federalism
This regulation will not have a substantial direct effect on the
states, on the relationship between the national government and the
states, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Exec. Order
No. 13132, 64 FR 43, 255 (Aug. 4, 1999), it is determined that this
regulation does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Cost/Benefit Assessment
This regulation has no cost to state, local, or tribal governments,
or to the private sector. It merely alleviates an administrative
restriction on victim claim filing by permitting the OVC Director to
allow late filing where the Director determines that this is
appropriate. The ITVERP is funded by fines, fees, penalty assessments,
and forfeitures paid by federal offenders, as well as gifts from
private individuals, deposited into the Crime Victims Fund in the U.S.
Treasury, and set aside in the Antiterrorism Emergency Reserve Fund,
which is capped at $50 million in any given year. The cost to the
Federal Government consists both of administrative expenses and amounts
reimbursed to victims. Both types of costs depend on the number of
claimants, prospective as well as retroactive. This rule is not
expected to significantly increase the number of eligible claimants,
and therefore the negligible cost potentially associated with allowing
certain late-filed claims to be processed is clearly outweighed by
considerations of fairness in the program's administration (given that
the program is relatively new) and the benefit of ensuring that victims
eligible for, and in need of, reimbursement for injuries and losses
from overseas terrorism are provided such reimbursement. This
regulation is not expected to substantially increase the overall
budgetary impact of the ITVERP.
Regulatory Flexibility Act
This regulation will not have a significant economic impact on a
substantial number of small entities. This regulation has no cost to
State, local, or tribal governments, or to the private sector. The
ITVERP is funded by fines, fees, penalty assessments, and bond
forfeitures paid by Federal offenders, as well as gifts from private
individuals, deposited into the Crime Victims Fund in the U.S.
Treasury. Therefore, an analysis of the impact of this regulation on
such entities is not required under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.).
Paperwork Reduction Act of 1995
This rule contains no new information collection or record-keeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501,
et seq.).
Unfunded Mandates Reform Act of 1995
This regulation will not result in the expenditure by State, local,
and tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
List of Subjects in 28 CFR Part 94
Administrative practice and procedures, International terrorism,
Victim compensation.
Accordingly, for the reasons set forth in the preamble, title 28,
part 94, subpart A of the Code of Federal Regulations is amended as
follows:
PART 94--CRIME VICTIM SERVICES
0
1. The authority citation for part 94 continues to read as follows:
Authority: Victims of Crime Act (VOCA), Title II, Secs. 1404C
and 1407 (42 U.S.C. 10603c, 10604).
Subpart A--International Terrorism Victim Expense Reimbursement
Program
0
2. Revise Sec. 94.32 to read as follows:
Sec. 94.32 Application deadline.
For claims related to acts of international terrorism that occurred
after October 6, 2006, the deadline to file an application is three
years from the date of the act of international terrorism. For claims
related to acts of international terrorism that occurred between
December 21, 1988, and October 6, 2006, the deadline to file an
application is October 6, 2009. At the discretion of the Director, the
deadline for filing a claim may be tolled or extended upon a showing of
good cause.
Dated: March 31, 2011.
Laurie O. Robinson,
Assistant Attorney General.
[FR Doc. 2011-8479 Filed 4-8-11; 8:45 am]
BILLING CODE 4410-18-P