Vocational Rehabilitation and Employment Program: Changes Related to the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012, 15920-15921 [2014-06378]

Download as PDF 15920 Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Rules and Regulations paragraph (c) of this section. Fees may be assessed for time spent searching even if the search fails to locate any responsive records or where the records located are subsequently determined to be entirely exempt from disclosure. (2) For computer searches of records, which may be undertaken through the use of existing programing, the actual direct costs of conducting the search including the cost of operating a central processing unit for that portion of operating time that is directly attributable to searching for records responsive to a request, as well as the direct costs of operator/programmer salary apportionable to search (at no less than $65 per hour or fraction thereof). (3) For each quarter hour spent by administrative staff in reviewing a requested record, $7.50; for each quarter hour spent by professional staff in reviewing a requested record, $17.50, with no minimum. No review fee shall be assessed with respect to requests by educational institutions, noncommercial scientific institutions, and representatives of the news media. Review fees shall be assessed with respect to all other requests, subject to the limitations of paragraph (c) of this section. Review fees shall include only the direct costs incurred during the initial examination of a document for the purposes of determining whether the documents must be disclosed and for the purposes of withholding any portions exempt from disclosure. No review fee will be charged for time spent in resolving issues of law or policy that may be raised in the course of processing a request. (4) For copies of all other Copyright Office records not otherwise provided for in this section, a minimum fee of $15.00 for up to 15 pages and $.50 per page over 15. (5) Other costs incurred by the Copyright Office in fulfilling a request will be chargeable at the actual cost to the Office. * * * * * WREIER-AVILES on DSK5TPTVN1PROD with RULES Dated: March 17, 2014. Maria A. Pallante, Register of Copyrights. Approved by: James H. Billington, Librarian of Congress. [FR Doc. 2014–06293 Filed 3–21–14; 8:45 am] BILLING CODE 1410–30–P VerDate Mar<15>2010 13:35 Mar 21, 2014 Jkt 232001 DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 21 RIN 2900–AO87 Vocational Rehabilitation and Employment Program: Changes Related to the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 Department of Veterans Affairs. Final rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) is amending its regulation to reflect a change made by the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012. If a veteran has been displaced as the result of a natural or other disaster while being paid an allowance, referred to as an employment adjustment allowance, this Act allows the extension of the allowance. This amendment is necessary to conform the regulation to the statutory provision. DATES: Effective Date: This final rule is effective March 24, 2014. Applicability Date: In accordance with the amended statutory provision of 38 U.S.C. 3108(a)(2), this final rule pertains to all awards of employment adjustment allowance processed on or after August 6, 2013. FOR FURTHER INFORMATION CONTACT: C.J. Riley, 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. (This is not a toll-free telephone number.) SUPPLEMENTARY INFORMATION: Section 3108 of 38 U.S.C. establishes the criteria for entitlement to allowances payable under 38 U.S.C. chapter 31. Section 3108(a)(2) provides for payment of a subsistence allowance for any veteran who has been rehabilitated to the point of employability for two months while the veteran is satisfactorily following a Vocational Rehabilitation and Employment (VR&E) program of employment services. This statutory provision regarding a veteran’s entitlement to such subsistence allowance, referred to as an employment adjustment allowance (EAA), is implemented by 38 CFR 21.268. Section 701(b) of Public Law 112–154, Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, amended 38 U.S.C. 3108(a)(2) by providing that VA may extend the payment of an EAA up to an additional two months while the veteran is SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 satisfactorily following a VR&E program of employment services if the veteran has been displaced as a result of a natural or other disaster while being paid an EAA. To make it clear that a veteran displaced as a result of a natural or other disaster may receive up to an additional two months of the EAA, we are amending our regulation to include this requirement. VA is implementing the statutory amendment in 38 CFR 21.268 by re-designating current paragraph (f), ‘‘Employment adjustment allowance not charged against entitlement.’’, as new paragraph (g), and adding a new paragraph (f), ‘‘Special situations.’’ We will start paying this additional two months of EAA beginning August 6, 2013, when the law took effect. We note the effective date of August 6, 2013, in new paragraph (f). In addition, we are adding an authority citation to the end of the paragraph for clarification. Administrative Procedure Act The Secretary of Veterans Affairs finds there is good cause under the provisions of 5 U.S.C. 553(b)(B) and (d)(3) to publish this rule without prior opportunity for public comment and with an immediate effective date. The regulatory change made by this rule reflects a change in statute that VA is adopting directly, without change, into VA’s regulations. By statute, Congress is allowing up to an additional two months of a special allowance for veterans following a program of employment services who have been displaced as a result of a natural disaster. The regulatory change does not involve interpretation of this statutory provision. Consequently, opportunity for public comment is unnecessary. The statutory change was enacted on August 6, 2012, made effective on August 6, 2013. Due to the above considerations, VA is issuing this rule as a final rule, effective immediately upon publication. 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 E:\FR\FM\24MRR1.SGM 24MRR1 Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Rules and Regulations Review) defines a ‘‘significant regulatory action,’’ which requires 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 implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Orders 12866. VA’s impact analysis can be found as a supporting document at https://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 https://www1.va.gov/orpm/, by following the link for ‘‘VA Regulations Published.’’ Paperwork Reduction Act This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521). Regulatory Flexibility Act Dated: March 19, 2014. Robert C. McFetridge, Director, Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs. The Secretary hereby certifies that 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). This final rule will directly affect only individuals and will not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from the regulatory flexibility analysis requirements of section 604. WREIER-AVILES on DSK5TPTVN1PROD 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 one year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector. VerDate Mar<15>2010 13:35 Mar 21, 2014 Jkt 232001 Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance number and title for the program affected by this final rule is 64.116, Vocational Rehabilitation for Disabled Veterans. 15921 § 21.268 Employment adjustment allowance. * * * * * (f) Special situations. Effective August 6, 2013, a veteran who has been displaced as the result of a natural or other disaster while being paid an employment adjustment allowance may receive up to an additional two months of employment adjustment allowance, if satisfactorily following a program of employment services. 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 February 27, 2014, for publication. (Authority: 38 U.S.C. 3108(a)(2)) 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 programseducation, 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. Environmental Protection Agency Acquisition Regulation (EPAAR); Contractor Performance Information For the reasons stated in the preamble, the Department of Veterans Affairs amends 38 CFR part 21 as set forth below: PART 21—VOCATIONAL REHABILITATION AND EDUCATION Subpart A—Vocational Rehabilitation and Employment Under 38 U.S.C. Chapter 31 1. The authority citation for part 21, subpart A continues to read as follows: ■ Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections. 2. Amend § 21.268 as follows: a. Redesignate paragraph (f) as paragraph (g). ■ b. Add a new paragraph (f). ■ c. Add an authority citation at the end of new paragraph (f). The revisions read as follows: ■ ■ PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 * * * * * [FR Doc. 2014–06378 Filed 3–21–14; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 48 CFR Parts 1542, 1552, and 1553 [EPA–HQ–OARM–2013–0736; FRL–9908– 08–OARM] Environmental Protection Agency (EPA). ACTION: Direct Final Rule. AGENCY: The Environmental Protection Agency (EPA) is issuing a direct final rule to rescind EPAARs, which include EPA’s policies for collecting and maintaining contractor past performance information. A final rule updating the Federal Acquisition Regulations (FAR) was published in Federal Register on August 1, 2013. The changes to the FAR make the information in the referenced EPAAR subparts redundant. The impact of removing these sections is administrative in nature and will not change the overall policies for collecting and maintaining contractor past performance which are now detailed in the FAR. EPA does not anticipate any adverse comments. DATES: This rule is effective May 23, 2014 without further action, unless adverse comment is received April 23, 2014. If adverse comment is received, the EPA will publish a timely withdrawal of the rule in the Federal Register. SUMMARY: Submit your comments, identified by Docket ID No. EPA–HQ– OARM–2013–0736 by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: docket.oei@epa.gov. • Fax: (202) 566–1753. ADDRESSES: E:\FR\FM\24MRR1.SGM 24MRR1

Agencies

DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Rules and Regulations]
[Pages 15920-15921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06378]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AO87


Vocational Rehabilitation and Employment Program: Changes Related 
to the Honoring America's Veterans and Caring for Camp Lejeune Families 
Act of 2012

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulation to reflect a change made by the Honoring America's Veterans 
and Caring for Camp Lejeune Families Act of 2012. If a veteran has been 
displaced as the result of a natural or other disaster while being paid 
an allowance, referred to as an employment adjustment allowance, this 
Act allows the extension of the allowance. This amendment is necessary 
to conform the regulation to the statutory provision.

DATES: Effective Date: This final rule is effective March 24, 2014.
    Applicability Date: In accordance with the amended statutory 
provision of 38 U.S.C. 3108(a)(2), this final rule pertains to all 
awards of employment adjustment allowance processed on or after August 
6, 2013.

FOR FURTHER INFORMATION CONTACT: C.J. Riley, 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. (This is not a toll-free 
telephone number.)

SUPPLEMENTARY INFORMATION: Section 3108 of 38 U.S.C. establishes the 
criteria for entitlement to allowances payable under 38 U.S.C. chapter 
31. Section 3108(a)(2) provides for payment of a subsistence allowance 
for any veteran who has been rehabilitated to the point of 
employability for two months while the veteran is satisfactorily 
following a Vocational Rehabilitation and Employment (VR&E) program of 
employment services. This statutory provision regarding a veteran's 
entitlement to such subsistence allowance, referred to as an employment 
adjustment allowance (EAA), is implemented by 38 CFR 21.268.
    Section 701(b) of Public Law 112-154, Honoring America's Veterans 
and Caring for Camp Lejeune Families Act of 2012, amended 38 U.S.C. 
3108(a)(2) by providing that VA may extend the payment of an EAA up to 
an additional two months while the veteran is satisfactorily following 
a VR&E program of employment services if the veteran has been displaced 
as a result of a natural or other disaster while being paid an EAA. To 
make it clear that a veteran displaced as a result of a natural or 
other disaster may receive up to an additional two months of the EAA, 
we are amending our regulation to include this requirement. VA is 
implementing the statutory amendment in 38 CFR 21.268 by re-designating 
current paragraph (f), ``Employment adjustment allowance not charged 
against entitlement.'', as new paragraph (g), and adding a new 
paragraph (f), ``Special situations.'' We will start paying this 
additional two months of EAA beginning August 6, 2013, when the law 
took effect. We note the effective date of August 6, 2013, in new 
paragraph (f). In addition, we are adding an authority citation to the 
end of the paragraph for clarification.

Administrative Procedure Act

    The Secretary of Veterans Affairs finds there is good cause under 
the provisions of 5 U.S.C. 553(b)(B) and (d)(3) to publish this rule 
without prior opportunity for public comment and with an immediate 
effective date. The regulatory change made by this rule reflects a 
change in statute that VA is adopting directly, without change, into 
VA's regulations. By statute, Congress is allowing up to an additional 
two months of a special allowance for veterans following a program of 
employment services who have been displaced as a result of a natural 
disaster. The regulatory change does not involve interpretation of this 
statutory provision. Consequently, opportunity for public comment is 
unnecessary. The statutory change was enacted on August 6, 2012, made 
effective on August 6, 2013. Due to the above considerations, VA is 
issuing this rule as a final rule, effective immediately upon 
publication.

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

[[Page 15921]]

Review) defines a ``significant regulatory action,'' which requires 
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 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Orders 12866. VA's impact analysis can be found as a 
supporting document at https://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 https://www1.va.gov/orpm/, by following the link for ``VA 
Regulations Published.''

Regulatory Flexibility Act

    The Secretary hereby certifies that 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). This final rule will directly affect only individuals 
and will not directly affect small entities. Therefore, pursuant to 5 
U.S.C. 605(b), this final rule is exempt from the regulatory 
flexibility analysis requirements of section 604.

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 provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number and title for the 
program 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. Jose D. 
Riojas, Chief of Staff, Department of Veterans Affairs, approved this 
document on February 27, 2014, 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: March 19, 2014.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 21 as set forth below:

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart A--Vocational Rehabilitation and Employment Under 38 U.S.C. 
Chapter 31

0
1. The authority citation for part 21, subpart A continues to read as 
follows:

    Authority:  38 U.S.C. 501(a), chs. 18, 31, and as noted in 
specific sections.


0
2. Amend Sec.  21.268 as follows:
0
a. Redesignate paragraph (f) as paragraph (g).
0
b. Add a new paragraph (f).
0
c. Add an authority citation at the end of new paragraph (f).
    The revisions read as follows:


Sec.  21.268  Employment adjustment allowance.

* * * * *
    (f) Special situations. Effective August 6, 2013, a veteran who has 
been displaced as the result of a natural or other disaster while being 
paid an employment adjustment allowance may receive up to an additional 
two months of employment adjustment allowance, if satisfactorily 
following a program of employment services.

(Authority: 38 U.S.C. 3108(a)(2))

* * * * *
[FR Doc. 2014-06378 Filed 3-21-14; 8:45 am]
BILLING CODE 8320-01-P

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