VA Veteran-Owned Small Business Verification Guidelines, 52085-52087 [2013-20488]

Download as PDF Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2013–0274; Airspace Docket No. 13–ACE–2] Establishment of Class E Airspace; Stockton, KS Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes Class E airspace at Stockton, KS. Controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Rooks County Regional Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. SUMMARY: Effective Date: 0901 UTC, December 12, 2013. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817–321– 7716. DATES: SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with RULES History On April 30, 2013, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E airspace for the Stockton, KS, area, creating controlled airspace at Rooks County Regional Airport (78 FR 25229) Docket No. FAA– 2013–0274. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9W dated August 8, 2012, and effective September 15, 2012, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E airspace extending upward from 700 feet above the surface VerDate Mar<15>2010 16:16 Aug 21, 2013 Jkt 229001 within a 7-mile radius of Rooks County Regional Airport, Stockton, KS, with an extension from the 7-mile radius to 10.1 miles south of the airport to contain aircraft executing new standard instrument approach procedures at the airport. Controlled airspace enhances the safety and management of IFR operations at the airport. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at Rooks County Regional Airport, Stockton, KS. The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Frm 00007 Fmt 4700 Sfmt 4700 Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, and effective September 15, 2012, is amended as follows: ■ Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface. * * * * * ACE KS E5 Stockton, KS [New] Stockton, Rooks County Regional Airport, KS (Lat. 39°20′48″ N., long. 99°18′17″ W.) That airspace extending upward from 700 feet above the surface within a 7-mile radius of Rooks County Regional Airport, and within 2 miles each side of the 181° bearing from the airport extending from the 7-mile radius to 10.1 miles south of the airport. Issued in Fort Worth, Texas, on August 12, 2013. David P. Medina, Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2013–20376 Filed 8–21–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 74 Environmental Review PO 00000 52085 RIN 2900–AO49 VA Veteran-Owned Small Business Verification Guidelines Department of Veterans Affairs. Final rule. AGENCY: ACTION: This document adopts as a final rule, without change, the interim final rule published in the Federal Register on June 27, 2012. This document implements a portion of the Veterans Benefits, Health Care, and Information Technology Act of 2006, which requires the Department of Veterans Affairs (VA) to verify ownership and control of veteran- SUMMARY: E:\FR\FM\22AUR1.SGM 22AUR1 tkelley on DSK3SPTVN1PROD with RULES 52086 Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations owned small businesses (VOSBs), including service-disabled veteranowned small businesses (SDVOSBs), in order for these firms to participate in VA acquisitions set asides for SDVOSB/ VOSBs. Specifically, this final rule requires re-verification of SDVOSB/ VOSB status only every 2 years rather than annually. The purpose of this change is to reduce the administrative burden on SDVOSB/VOSBs regarding participation in VA acquisitions set asides for these types of firms. Verified SDVOSB/VOSBs are placed on the Vendor Information Page (VIP) at www.vetbiz.gov. DATES: Effective Date: This rule is effective August 22, 2013. FOR FURTHER INFORMATION CONTACT: Michelle Gardner-Ince, Director, Center for Veterans Enterprise (00VE), Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420, phone (202) 303–3260 x5237. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: On June 27, 2012, VA published in the Federal Register (77 FR 38181) an interim final rule that revised the requirement for reverification of SDVOSB/VOSB status from 1 year to 2 years. As noted in the preamble to the interim final rule, VA has concluded that an annual examination is not necessary to adequately maintain the integrity of the Verification Program. We provided a 60-day comment period that ended on August 27, 2012. We received six comments. Four commenters discussed that the words ‘‘open market’’ should be removed from the sentence ‘‘In accordance with 38 U.S.C. 8127 and VA Acquisition Regulation, 48 CFR part 819, VA is required to set aside any open market procurement for SDVOSBs and then VOSBs, first and second respectively, if two or more such concerns are reasonably anticipated to submit offers at fair and reasonable pricing.’’ This sentence was part of the background information contained in the preamble and not a part of the regulatory language. VA’s interpretation with respect to the traditional relationship between set-asides conducted in openmarket acquisitions and the Federal Supply Schedule (FSS), namely that agencies are not required to implement set-aside programs before or while using the FSS, has been upheld in Kingdomware Technologies, Inc. v. United States, 107 Fed. Cl. 226 (2012). In any event, the regulatory language only addressed the expansion of the SDVOSB/VOSB re-verification status requirement from 1 year to 2 years and, therefore, these comments are outside VerDate Mar<15>2010 16:16 Aug 21, 2013 Jkt 229001 the scope of this rulemaking. We make no changes based on these comments. Two additional commenters endorsed the proposed change. VA appreciates the commenters’ support. Based on the rationale set forth in the interim final rule and for the reasons discussed above, we adopt the interim final rule as a final rule without change. Administrative Procedure Act This document affirms as final the interim final rule that is already in effect. In accordance with 5 U.S.C. 553(b)(B) and (d)(3), the Secretary of Veterans Affairs concluded that there was good cause to dispense with advance public notice and opportunity to comment on this rule and good cause to publish this rule with an immediate effective date. The rule makes only a minor modification to extend the eligibility period for SDVOSB/VOSBs after VA’s initial robust verification examination and approval from 1 year to 2 years. The rule reduces the administrative burden on SDVOSB/ VOSB participants by eliminating annual re-verification submissions. The integrity of the program remains protected by the initial robust and detailed verification examination, the regulatory requirement of participants to report changes to ownership and control during their eligibility period, VA’s authority to conduct random site examinations and to re-examine eligibility upon receipt of any reasonably credible information affecting SDVOSB/VOSB verified status, and, for individual acquisitions, the status protest process, where VA contracting officers or competing vendors can challenge the SDVOSB/ VOSB status of offerors if a reasonable basis can be asserted to be decided by VA’s Office of Small and Disadvantaged Business Utilization on SDVOSB/VOSB set-aside acquisitions. In view of the detrimental effects of continuing an unnecessary administrative burden on program participants and verifying officials, and to avoid delays in verification caused by repetitive annual reviews, the Secretary concluded that it was impracticable, unnecessary, and contrary to public interest to delay the effective date of this rulemaking. Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601–612, applies to this final rule. This final rule is generally neutral in its effect on small businesses because it relates only to small businesses applying for verified status in VA’s SDVOSB/VOSB verified database. The overall impact of the rule will benefit small businesses owned by veterans or PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 service-disabled veterans because it will reduce their administrative burden associated with maintaining verified status by extending the need for reverification by VA from 1 year to 2 years. VA has estimated the cost to an individual business to be less than $100.00 for 70–75 percent of the businesses seeking verification, and the average cost to the entire population of businesses seeking to become verified is less than $325.00 on average. Increasing the verification period will decrease the frequency of any such costs. On this basis, the Secretary certifies that the adoption of 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. Therefore, under 5 U.S.C. 605(b), this rulemaking is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 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’’ requiring review by the Office of Management and Budget (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 this Executive Order.’’ The economic, interagency, budgetary, legal, and policy E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA’s impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of the rulemaking and its impact analysis are available on VA’s Web site at http://www1.va.gov/orpm/, by following the link for ‘‘VA Regulations Published.’’ 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 will have no such effect on State, local, and tribal governments, or on the private sector. Paperwork Reduction Act This final rule contains no new provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3521). Catalog of Federal Domestic Assistance This final rule affects the verification guidelines of veteran-owned small businesses, for which there is no Catalog of Federal Domestic Assistance program number. 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. Jose D. Riojas, Chief of Staff, Department of Veterans Affairs approved this document on July 7, 2013, for publication. tkelley on DSK3SPTVN1PROD with RULES List of Subjects in 38 CFR Part 74 Administrative practice and procedures, Privacy, Reporting and recordkeeping requirements, Small business, Veteran, Veteran-owned small business, Verification. Dated: August 19, 2013. Robert C. McFetridge, Director, Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs. Accordingly, the interim final rule amending 38 CFR part 74, which was VerDate Mar<15>2010 16:16 Aug 21, 2013 Jkt 229001 52087 [FR Doc. 2013–20488 Filed 8–21–13; 8:45 am] Dated: August 12, 2013. Susan Hedman, Regional Administrator, Region 5. BILLING CODE 8320–01–P [FR Doc. 2013–20416 Filed 8–21–13; 8:45 am] published on June 27, 2012, at 77 FR 38181, is adopted without change. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF THE INTERIOR 40 CFR Part 52 National Park Service [EPA–R05–OAR–2011–0502; FRL–9900–30– Region 5] 36 CFR Part 5 Office of the Secretary of the Interior Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Disapproval of PM2.5 Permitting Requirements; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correction. AGENCY: 43 CFR Part 5 Fish and Wildlife Service 50 CFR Part 27 [NPS–WASO–VRP–09328; PXXVPADO515] EPA published a final rule in the Federal Register on July 25, 2013, disapproving a Wisconsin State Implementation Plan revision pertaining to permitting requirements relating to particulate matter of less than 2.5 micrometers (PM2.5). An error in the amendatory instruction is identified and corrected in this action. DATES: Effective Date: This final rule is effective on August 26, 2013. FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–8328, panos.christos@ epa.gov. SUPPLEMENTARY INFORMATION: EPA published a final rule document on July 25, 2013, (78 FR 44881) disapproving revisions to Wisconsin rules NR 400, 404, 405, 406, 407, 408 and 484, submitted by the State on May 12, 2011, because the rule revisions submitted are not consistent with Federal regulations governing state permitting programs. In this disapproval EPA erroneously stated that the revision was being made to 40 CFR 52 Subpart P—Indiana, but the language should have said the revision was being made to Subpart YY— Wisconsin. Therefore, the amendatory instruction is being corrected to reflect the corrected subpart reference. RIN 1024–AD30 Correction • Directs the Secretaries of the Interior and Agriculture to establish a permit system for commercial filming and similar activities. • Directs the Secretaries to collect an amount to cover agency costs as well as a reasonable fee for the use of Federal SUMMARY: In the final rule published in the Federal Register on July 25, 2013, (78 FR 44881), on page 44884, second column, below amendatory instruction 1, ‘‘Subpart P—Indiana’’ is corrected to read: ‘‘Subpart YY—Wisconsin’’. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 Commercial Filming and Similar Projects and Still Photography Activities National Park Service, Office of the Secretary of the Interior, and Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: This rule implements legislation that directs the Department of the Interior to establish permits and reasonable fees for commercial filming activities or similar projects and certain still photography activities. DATES: The rule is effective September 23, 2013. FOR FURTHER INFORMATION CONTACT: Lee Dickinson, Special Park Uses Program Manager, National Park Service, 1849 C Street NW., CODE 2460, Washington, DC 20240, telephone: 202–513–7092 or email: Lee_Dickinson@nps.gov. SUPPLEMENTARY INFORMATION: We published a proposed rule on this subject in the Federal Register on August 20, 2007 (72 FR 46426). The proposed rule’s comment period ended on October 19, 2007, and resulted in 57 submissions containing 30 distinct comments. We made numerous changes to the rule in response to these comments. These comments and our responses are summarized in this preamble under Response to Comments. SUMMARY: Public Law 106–206 E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Rules and Regulations]
[Pages 52085-52087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20488]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 74

RIN 2900-AO49


VA Veteran-Owned Small Business Verification Guidelines

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: This document adopts as a final rule, without change, the 
interim final rule published in the Federal Register on June 27, 2012. 
This document implements a portion of the Veterans Benefits, Health 
Care, and Information Technology Act of 2006, which requires the 
Department of Veterans Affairs (VA) to verify ownership and control of 
veteran-

[[Page 52086]]

owned small businesses (VOSBs), including service-disabled veteran-
owned small businesses (SDVOSBs), in order for these firms to 
participate in VA acquisitions set asides for SDVOSB/VOSBs. 
Specifically, this final rule requires re-verification of SDVOSB/VOSB 
status only every 2 years rather than annually. The purpose of this 
change is to reduce the administrative burden on SDVOSB/VOSBs regarding 
participation in VA acquisitions set asides for these types of firms. 
Verified SDVOSB/VOSBs are placed on the Vendor Information Page (VIP) 
at www.vetbiz.gov.

DATES: Effective Date: This rule is effective August 22, 2013.

FOR FURTHER INFORMATION CONTACT: Michelle Gardner-Ince, Director, 
Center for Veterans Enterprise (00VE), Department of Veterans Affairs, 
810 Vermont Ave. NW., Washington, DC 20420, phone (202) 303-3260 x5237. 
(This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: On June 27, 2012, VA published in the 
Federal Register (77 FR 38181) an interim final rule that revised the 
requirement for re-verification of SDVOSB/VOSB status from 1 year to 2 
years. As noted in the preamble to the interim final rule, VA has 
concluded that an annual examination is not necessary to adequately 
maintain the integrity of the Verification Program.
    We provided a 60-day comment period that ended on August 27, 2012. 
We received six comments. Four commenters discussed that the words 
``open market'' should be removed from the sentence ``In accordance 
with 38 U.S.C. 8127 and VA Acquisition Regulation, 48 CFR part 819, VA 
is required to set aside any open market procurement for SDVOSBs and 
then VOSBs, first and second respectively, if two or more such concerns 
are reasonably anticipated to submit offers at fair and reasonable 
pricing.'' This sentence was part of the background information 
contained in the preamble and not a part of the regulatory language. 
VA's interpretation with respect to the traditional relationship 
between set-asides conducted in open-market acquisitions and the 
Federal Supply Schedule (FSS), namely that agencies are not required to 
implement set-aside programs before or while using the FSS, has been 
upheld in Kingdomware Technologies, Inc. v. United States, 107 Fed. Cl. 
226 (2012). In any event, the regulatory language only addressed the 
expansion of the SDVOSB/VOSB re-verification status requirement from 1 
year to 2 years and, therefore, these comments are outside the scope of 
this rulemaking. We make no changes based on these comments. Two 
additional commenters endorsed the proposed change. VA appreciates the 
commenters' support.
    Based on the rationale set forth in the interim final rule and for 
the reasons discussed above, we adopt the interim final rule as a final 
rule without change.

Administrative Procedure Act

    This document affirms as final the interim final rule that is 
already in effect. In accordance with 5 U.S.C. 553(b)(B) and (d)(3), 
the Secretary of Veterans Affairs concluded that there was good cause 
to dispense with advance public notice and opportunity to comment on 
this rule and good cause to publish this rule with an immediate 
effective date. The rule makes only a minor modification to extend the 
eligibility period for SDVOSB/VOSBs after VA's initial robust 
verification examination and approval from 1 year to 2 years. The rule 
reduces the administrative burden on SDVOSB/VOSB participants by 
eliminating annual re-verification submissions. The integrity of the 
program remains protected by the initial robust and detailed 
verification examination, the regulatory requirement of participants to 
report changes to ownership and control during their eligibility 
period, VA's authority to conduct random site examinations and to re-
examine eligibility upon receipt of any reasonably credible information 
affecting SDVOSB/VOSB verified status, and, for individual 
acquisitions, the status protest process, where VA contracting officers 
or competing vendors can challenge the SDVOSB/VOSB status of offerors 
if a reasonable basis can be asserted to be decided by VA's Office of 
Small and Disadvantaged Business Utilization on SDVOSB/VOSB set-aside 
acquisitions. In view of the detrimental effects of continuing an 
unnecessary administrative burden on program participants and verifying 
officials, and to avoid delays in verification caused by repetitive 
annual reviews, the Secretary concluded that it was impracticable, 
unnecessary, and contrary to public interest to delay the effective 
date of this rulemaking.

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-612, applies to this 
final rule. This final rule is generally neutral in its effect on small 
businesses because it relates only to small businesses applying for 
verified status in VA's SDVOSB/VOSB verified database. The overall 
impact of the rule will benefit small businesses owned by veterans or 
service-disabled veterans because it will reduce their administrative 
burden associated with maintaining verified status by extending the 
need for re-verification by VA from 1 year to 2 years. VA has estimated 
the cost to an individual business to be less than $100.00 for 70-75 
percent of the businesses seeking verification, and the average cost to 
the entire population of businesses seeking to become verified is less 
than $325.00 on average. Increasing the verification period will 
decrease the frequency of any such costs. On this basis, the Secretary 
certifies that the adoption of 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. Therefore, under 5 U.S.C. 605(b), this rulemaking is exempt from 
the initial and final regulatory flexibility analysis requirements of 
sections 603 and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 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'' requiring review by the Office of 
Management and Budget (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 this Executive Order.''
    The economic, interagency, budgetary, legal, and policy

[[Page 52087]]

implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www1.va.gov/orpm/, by following the link for ``VA 
Regulations Published.''

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 will have no such effect on 
State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    This final rule contains no new provisions constituting a 
collection of information under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3521).

Catalog of Federal Domestic Assistance

    This final rule affects the verification guidelines of veteran-
owned small businesses, for which there is no Catalog of Federal 
Domestic Assistance program number.

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. Jose D. 
Riojas, Chief of Staff, Department of Veterans Affairs approved this 
document on July 7, 2013, for publication.

List of Subjects in 38 CFR Part 74

    Administrative practice and procedures, Privacy, Reporting and 
recordkeeping requirements, Small business, Veteran, Veteran-owned 
small business, Verification.

    Dated: August 19, 2013.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.

    Accordingly, the interim final rule amending 38 CFR part 74, which 
was published on June 27, 2012, at 77 FR 38181, is adopted without 
change.

[FR Doc. 2013-20488 Filed 8-21-13; 8:45 am]
BILLING CODE 8320-01-P