Vocational Rehabilitation and Employment Program-Changes to Subsistence Allowance, 1872-1873 [2012-452]

Download as PDF 1872 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. This rule involves establishing a temporary safety zone that will be enforced 12 hours per day during a 30 day period. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port St. Petersburg or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Enforcement. This rule is enforced daily from 7 a.m. until 7 p.m. from December 15, 2011, until January 15, 2012. Dated: December 12, 2011. S.L. Dickinson, Captain, U.S. Coast Guard Captain of the Port. [FR Doc. 2012–403 Filed 1–11–12; 8:45 am] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS BILLING CODE 9110–04–P 1. The authority citation for part 165 continues to read as follows: DEPARTMENT OF VETERANS AFFAIRS Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 38 CFR Part 21 ■ 2. Add a temporary § 165.T07–1115 to read as follows: ■ pmangrum on DSK3VPTVN1PROD with RULES ACTION: (a) Regulated Area. The following regulated area is a safety zone. All waters of Matlacha Pass within a 100 yard radius of position 26°37′57.6″ N, 82°04′04.8″ W. All coordinates are North American Datum 1983. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port St. Petersburg in the enforcement of the regulated area. (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port St. Petersburg or a designated representative. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port St. Petersburg by telephone at (727) 824– 7524, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port St. Petersburg or 13:06 Jan 11, 2012 Jkt 226001 Vocational Rehabilitation and Employment Program—Changes to Subsistence Allowance Department of Veterans Affairs. Final rule. AGENCY: § 165.T07–1115 Safety Zone; Matlacha Bridge Construction, Matlacha Pass, Matlacha, FL. VerDate Mar<15>2010 RIN 2900–AO10 This document adopts as final, without change, the interim final rule amending regulations of the Department of Veterans Affairs (VA) to reflect changes made by the Post-9/11 Veterans Educational Assistance Improvements Act of 2010, effective August 1, 2011, that affect payment of vocational rehabilitation benefits for certain service-disabled veterans. Pursuant to these changes, a veteran, who is eligible for a subsistence allowance under chapter 31 of title 38, United States Code, and educational assistance under chapter 33 of title 38, United States Code, may participate in a rehabilitation program under chapter 31 and elect to receive a payment equal in amount to an applicable military housing allowance payable under title 37, United States Code, instead of the regular subsistence allowance under chapter 31. In addition, payments of subsistence allowances during periods between school terms are discontinued, and payments during periods of temporary school closings are modified. DATES: Effective Date: This final rule is effective January 12, 2012. FOR FURTHER INFORMATION CONTACT: Alvin Bauman, Senior Policy Analyst, Vocational Rehabilitation and Employment Service (28), Veterans SUMMARY: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Benefits Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420, (202) 461– 9600 (not a toll-free number). SUPPLEMENTARY INFORMATION: In an interim final rule published in the Federal Register on August 1, 2011 (76 FR 45697), VA amended §§ 21.260 and 21.264 to allow a veteran who is eligible for a chapter 31 subsistence allowance and chapter 33 educational assistance to participate in a chapter 31 rehabilitation program and elect a subsistence allowance in an alternate amount, which we referred to as the Post-9/11 subsistence allowance, in lieu of the amount of the regular chapter 31 subsistence allowance provided for in § 21.260(b). Among other things, we also amended § 21.270 to discontinue the payment of subsistence allowance for periods between school terms. We provided a 30-day comment period that ended August 31, 2011. No comments were received. Based on the rationale set forth in the interim final rule, we adopt the interim final rule as a final rule without change. Administrative Procedure Act This document affirms the amendments made by the interim final rule that is already in effect. The Secretary of Veterans Affairs concluded that, under 5 U.S.C. 553(b)(3)(B) and (d)(3), there was good cause to dispense with advance public notice and opportunity to comment on this rule and good cause to publish the interim final rule with an immediate effective date. The Secretary found that it was impracticable and contrary to the public interest to delay this regulation for the purpose of soliciting prior public comment. Sections 205 and 206 of Public Law 111–377 required that certain changes to the rehabilitation program take effect on August 1, 2011. This interim final rule was necessary to implement by August 1, 2011, the statutory changes as they related to chapter 31 subsistence allowance. For instance, Public Law 111–377 did not address how the alternate rate of subsistence allowance would be calculated in different situations. Allowing veterans to elect an alternate rate of subsistence allowance ensured that such veterans would receive the supportive services under chapter 31 to assist them in the transition from military to civilian careers. Because eligible veterans could begin to make the election on August 1, 2011, it was important to have procedures in place by this date to allow veterans to receive the alternate rate of subsistence allowance authorized under the law as E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 1873 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 regulatory action have been examined and it has been determined to be a significant regulatory action under Executive Order 12866. ENVIRONMENTAL PROTECTION AGENCY Paperwork Reduction Act This final rule does not contain any collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521). Regulatory Flexibility Act The Secretary hereby certifies that this regulatory action 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 regulatory action will affect individuals and will not affect any small entities. Therefore, pursuant to 5 U.S.C. 605(b), this regulatory action is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance number and title for the program that would be affected by this final rule is 64.116, Vocational Rehabilitation for Disabled Veterans. Signing Authority The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. John R. Gingrich, Chief of Staff, Department of Veterans Affairs, approved this document on November 1, 2011 for publication. § 52.270 [Corrected] 1. On page 81392, in § 52.270(c), in the table appearing at the bottom of the page, in the entry under the column titled ‘‘EPA approval date’’, ‘‘12/28/ 2012’’ should read ‘‘12/28/2011’’. 2. On page 81393, in §§ 52.270(c) and (e), in both tables appearing on this page, in the two entries under the columns titled ‘‘EPA approval date’’, ‘‘12/28/2012’’ should read ‘‘12/28/ 2011’’. soon as they were able. For these reasons, the Secretary of Veterans Affairs issued this rule as an interim final rule. pmangrum on DSK3VPTVN1PROD with RULES 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 given year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector. Executive Orders 13563 and 12866 Executive Orders 13563 and 12866 direct agencies to assess the 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 effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a ‘‘significant regulatory action,’’ which requires review by the Office of Management and Budget (OMB), 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 VerDate Mar<15>2010 13:06 Jan 11, 2012 Jkt 226001 List of Subjects in 38 CFR Part 21 Administrative practice and procedure, Armed forces, Civil rights, Claims, Colleges and universities, Conflict of interests, Education, Employment, Grant programs— education, Grant programs—veterans, Health care, Loan programs—education, Loan programs—veterans, Manpower training programs, Reporting and recordkeeping requirements, Schools, Travel and transportation expenses, Veterans, Vocational education, Vocational rehabilitation. Dated: January 9, 2012. Robert C. McFetridge, Director, Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs. PART 21—VOCATIONAL REHABILITATION AND EDUCATION Accordingly, the interim final rule amending 38 CFR part 21, which was published at 76 FR 45697 on August 1, 2011, is adopted as a final rule without change. ■ [FR Doc. 2012–452 Filed 1–11–12; 8:45 am] BILLING CODE 8320–01–P PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 40 CFR Part 52 [EPA–R06–OAR–2008–0638; FRL–9613–7] Approval and Disapproval and Promulgation of Implementation Plans; Texas; Infrastructure and Interstate Transport Requirements for the 1997 Ozone and the 1997 and 2006 PM2.5 NAAQS Correction In rule document 2011–33253 appearing on pages 81371–81393 in the issue of Wednesday, December 28, 2011, make the following corrections: [FR Doc. C1–2011–33253 Filed 1–11–12; 8:45 am] BILLING CODE 1505–01–D ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2011–0849–201153(a); FRL–9617–2] Approval and Promulgation of Implementation Plans; Georgia; Rome; Fine Particulate Matter 2002 Base Year Emissions Inventory Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is taking direct final action to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory portion of the State Implementation Plan (SIP) revision submitted by the State of Georgia on October 27, 2009. The emissions inventory is part of the Rome, Georgia (hereafter referred to as ‘‘the Rome Area’’ or ‘‘Area’’), PM2.5 attainment demonstration that was submitted for the 1997 annual PM2.5 National Ambient Air Quality Standards (NAAQS). This action is being taken pursuant to section 110 of the Clean Air Act (CAA). DATES: This direct final rule is effective March 12, 2012 without further notice, unless EPA receives adverse comment SUMMARY: E:\FR\FM\12JAR1.SGM 12JAR1

Agencies

[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Rules and Regulations]
[Pages 1872-1873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-452]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AO10


Vocational Rehabilitation and Employment Program--Changes to 
Subsistence Allowance

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: This document adopts as final, without change, the interim 
final rule amending regulations of the Department of Veterans Affairs 
(VA) to reflect changes made by the Post-9/11 Veterans Educational 
Assistance Improvements Act of 2010, effective August 1, 2011, that 
affect payment of vocational rehabilitation benefits for certain 
service-disabled veterans. Pursuant to these changes, a veteran, who is 
eligible for a subsistence allowance under chapter 31 of title 38, 
United States Code, and educational assistance under chapter 33 of 
title 38, United States Code, may participate in a rehabilitation 
program under chapter 31 and elect to receive a payment equal in amount 
to an applicable military housing allowance payable under title 37, 
United States Code, instead of the regular subsistence allowance under 
chapter 31. In addition, payments of subsistence allowances during 
periods between school terms are discontinued, and payments during 
periods of temporary school closings are modified.

DATES: Effective Date: This final rule is effective January 12, 2012.

FOR FURTHER INFORMATION CONTACT: Alvin Bauman, Senior Policy Analyst, 
Vocational Rehabilitation and Employment Service (28), Veterans 
Benefits Administration, Department of Veterans Affairs, 810 Vermont 
Ave. NW., Washington, DC 20420, (202) 461-9600 (not a toll-free 
number).

SUPPLEMENTARY INFORMATION: In an interim final rule published in the 
Federal Register on August 1, 2011 (76 FR 45697), VA amended Sec. Sec.  
21.260 and 21.264 to allow a veteran who is eligible for a chapter 31 
subsistence allowance and chapter 33 educational assistance to 
participate in a chapter 31 rehabilitation program and elect a 
subsistence allowance in an alternate amount, which we referred to as 
the Post-9/11 subsistence allowance, in lieu of the amount of the 
regular chapter 31 subsistence allowance provided for in Sec.  
21.260(b). Among other things, we also amended Sec.  21.270 to 
discontinue the payment of subsistence allowance for periods between 
school terms.
    We provided a 30-day comment period that ended August 31, 2011. No 
comments were received. Based on the rationale set forth in the interim 
final rule, we adopt the interim final rule as a final rule without 
change.

Administrative Procedure Act

    This document affirms the amendments made by the interim final rule 
that is already in effect. The Secretary of Veterans Affairs concluded 
that, under 5 U.S.C. 553(b)(3)(B) and (d)(3), there was good cause to 
dispense with advance public notice and opportunity to comment on this 
rule and good cause to publish the interim final rule with an immediate 
effective date. The Secretary found that it was impracticable and 
contrary to the public interest to delay this regulation for the 
purpose of soliciting prior public comment. Sections 205 and 206 of 
Public Law 111-377 required that certain changes to the rehabilitation 
program take effect on August 1, 2011. This interim final rule was 
necessary to implement by August 1, 2011, the statutory changes as they 
related to chapter 31 subsistence allowance. For instance, Public Law 
111-377 did not address how the alternate rate of subsistence allowance 
would be calculated in different situations. Allowing veterans to elect 
an alternate rate of subsistence allowance ensured that such veterans 
would receive the supportive services under chapter 31 to assist them 
in the transition from military to civilian careers. Because eligible 
veterans could begin to make the election on August 1, 2011, it was 
important to have procedures in place by this date to allow veterans to 
receive the alternate rate of subsistence allowance authorized under 
the law as

[[Page 1873]]

soon as they were able. For these reasons, the Secretary of Veterans 
Affairs issued this rule as an 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 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 given year. This final rule will have no such effect 
on State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    This final rule does not contain any collections of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this regulatory action 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 regulatory action will affect individuals and will 
not affect any small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this regulatory action is exempt from the initial and final regulatory 
flexibility analysis requirements of sections 603 and 604.

Executive Orders 13563 and 12866

    Executive Orders 13563 and 12866 direct agencies to assess the 
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 effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' which requires review by the Office 
of Management and Budget (OMB), 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 regulatory action have been examined and it has 
been determined to be a significant regulatory action under Executive 
Order 12866.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number and title for the 
program that would be affected by this final rule is 64.116, Vocational 
Rehabilitation for Disabled Veterans.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. John R. 
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this 
document on November 1, 2011 for publication.

List of Subjects in 38 CFR Part 21

    Administrative practice and procedure, Armed forces, Civil rights, 
Claims, Colleges and universities, Conflict of interests, Education, 
Employment, Grant programs--education, Grant programs--veterans, Health 
care, Loan programs--education, Loan programs--veterans, Manpower 
training programs, Reporting and recordkeeping requirements, Schools, 
Travel and transportation expenses, Veterans, Vocational education, 
Vocational rehabilitation.

    Dated: January 9, 2012.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

0
Accordingly, the interim final rule amending 38 CFR part 21, which was 
published at 76 FR 45697 on August 1, 2011, is adopted as a final rule 
without change.

[FR Doc. 2012-452 Filed 1-11-12; 8:45 am]
BILLING CODE 8320-01-P
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