Prosthetic and Rehabilitative Items and Services; Delayed Effective Date, 7349-7350 [2021-01904]

Download as PDF 7349 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations provided by statute, with no discretion provided to agencies regarding the substance of the adjustments for inflation to CMPs. FinCEN is charged only with performing ministerial computations to determine the dollar amount of adjustments for inflation to CMPs. Accordingly, prior public notice and an opportunity for public comment and a delayed effective date are not required for this rule. 2. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. 3. Executive Order 12866 and 13771 This rule is not a significant regulatory action as defined in section 3(f) of Executive Order 12866, and, as a result, this rule is not considered a regulatory action under Executive Order 13771. 4. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, Public Law 104– 13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this rule because there are no new or revised recordkeeping or reporting requirements. List of Subjects in 31 CFR Part 1010 Authority delegations (Government agencies), Administrative practice and procedure, Banks, banking, Brokers, Currency, Foreign banking, Foreign currencies, Gambling, Investigations, Penalties, Reporting and recordkeeping requirements, Securities, Terrorism. Authority and Issuance For the reasons set forth in the preamble, part 1010 of chapter X of title 31 of the Code of Federal Regulations is amended as follows: PART 1010—GENERAL PROVISIONS 1. The authority citation for part 1010 continues to read as follows: ■ Authority: 12 U.S.C. 1829b and 1951– 1959; 31 U.S.C. 5311–5314, 5316–5332; Title III, sec. 314, Pub. L. 107–56, 115 Stat. 307; sec. 701, Pub. L. 114–74, 129 Stat. 599. 2. Amend § 1010.821 by revising Table 1 in paragraph (b) to read as follows: ■ § 1010.821 * Penalty adjustment and table. * * (b) * * * * * TABLE 1 OF § 1010.821—PENALTY ADJUSTMENT TABLE Penalties as last amended by statute U.S. Code citation Civil monetary penalty description 12 U.S.C. 1829b(j) ....................... 12 U.S.C. 1955 ............................ 31 U.S.C. 5318(k)(3)(C) .............. Relating to Recordkeeping Violations For Funds Transfers ........... Willful or Grossly Negligent Recordkeeping Violations ................... Failure to Terminate Correspondent Relationship with Foreign Bank. General Civil Penalty Provision for Willful Violations of Bank Secrecy Act Requirements. Foreign Financial Agency Transaction—Non-Willful Violation of Transaction. Foreign Financial Agency Transaction—Willful Violation of Transaction. Negligent Violation by Financial Institution or Non-Financial Trade or Business. Pattern of Negligent Activity by Financial Institution or Non-Financial Trade or Business. Violation of Certain Due Diligence Requirements, Prohibition on Correspondent Accounts for Shell Banks, and Special Measures. Civil Penalty for Failure to Register as Money Transmitting Business. 31 U.S.C. 5321(a)(1) ................... 31 U.S.C. 5321(a)(5)(B)(i) ........... 31 U.S.C. 5321(a)(5)(C)(i)(I) ........ 31 U.S.C. 5321(a)(6)(A) .............. 31 U.S.C. 5321(a)(6)(B) .............. 31 U.S.C. 5321(a)(7) ................... 31 U.S.C. 5330(e) ........................ Kenneth A. Blanco, Director, Financial Crimes Enforcement Network. DEPARTMENT OF VETERANS AFFAIRS [FR Doc. 2021–01919 Filed 1–27–21; 8:45 am] 38 CFR Part 17 BILLING CODE 4810–02–P RIN 2900–AP46 Prosthetic and Rehabilitative Items and Services; Delayed Effective Date AGENCY: ACTION: Department of Veterans Affairs. Final rule; delay of effective date. VerDate Sep<11>2014 16:04 Jan 27, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 Maximum penalty amounts or range of minimum and maximum penalty amounts for penalties assessed on or after [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER] $10,000 10,000 10,000 $21,663 21,663 14,653 25,000–100,000 59,017–236,071 10,000 13,640 100,000 136,399 500 1,180 50,000 91,816 1,000,000 1,465,309 5,000 8,708 In accordance with the Presidential directive as expressed in the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review’’ and the OMB guidance M–21–14, ‘‘Implementation of Memorandum Concerning Regulatory Freeze Pending Review’’, both issued on January 20, 2021, this action temporarily delays until February 26, 2021 the effective date of the rule entitled Prosthetic and Rehabilitative SUMMARY: E:\FR\FM\28JAR1.SGM 28JAR1 7350 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Rules and Regulations Items and Services, published in the Federal Register on December 28, 2020, to allow Department of Veterans Affairs (VA) officials the opportunity for further review and consider the new regulations. DATES: The effective date of the rule amending 38 CFR part 17 published at 85 FR 84245, December 28, 2020, is delayed until February 26, 2021. FOR FURTHER INFORMATION CONTACT: Penny Nechanicky, National Program Director for Prosthetic and Sensory Aids Service (10P4RK), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420; penny.nechanicky@va.gov; (202) 461– 0337. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: Background This rulemaking adopts proposed amendments to VA’s regulations governing the provision of prosthetic and rehabilitative items and services as medical services to veterans. It establishes a new section for the provision of prosthetic and rehabilitative items and services, clarifies eligibility for such items and services, and defines the types of prosthetic and rehabilitative items and services available to eligible veterans. VA bases this action on the Presidential directive as expressed in the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review.’’ That memorandum directed the heads of Executive Departments and Agencies to consider temporarily postponing for 60 days from the date of the memorandum the effective dates of all regulations that had been published in the Federal Register but had not yet taken effect. The memorandum also noted certain exceptions that do not apply here. VA therefore is delaying the effective date for the rule entitled ‘‘Prosthetic and Rehabilitative Items and Services’’ to February 26, 2021, determining 30 days is sufficient time to assess without unduly impacting or delaying delivery of support and services. The Agency’s implementation of this action without opportunity for public comment is based on the good cause exception in the Administrative Procedure Act, 5 U.S.C. 553(b)(B), in that seeking public comment would be impracticable, unnecessary and contrary to the public interest. The temporary delay in effective date until February 26, 2021, will give Agency officials the opportunity to review and consider the new regulations, as required by the memorandum of the Assistant to the VerDate Sep<11>2014 16:04 Jan 27, 2021 Jkt 253001 President and Chief of Staff, dated January 20, 2021. The Prosthetic and Rehabilitative Items and Services rule would have taken effect on January 27, 2021. The effective date for this regulation will be extended by 30 days from the original effective date. It would not have been possible to provide a meaningful opportunity for public comment prior to that effective date, and delay of the effective date is in the public interest because it allows an opportunity for the new Administration to consider the policy implications of the final rule before it becomes final. Thus, the good cause exception in 5 U.S.C. 553(b)(B) applies to VA’s decision to extend the effective date of the Prosthetic and Rehabilitative Items and Services rule without first going through notice and comment. In taking this action, the Agency also invokes the good cause exception in 5 U.S.C. 553(d)(3), which allows the action to be immediately effective for ‘‘good cause’’ rather than subject to the requirement in the Administrative Procedure Act (5 U.S.C. 553(d)) that a minimum of 60 days is required before a rule may become effective. The nature of this action is to extend by 30 days the effective date of a final rule that otherwise would become effective on January 27, 2021. Seeking prior public comment on this postponement would have been impracticable, as well as contrary to the public interest, in the orderly issuance and implementation of regulations. Signing Authority The Acting 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. Chris Diaz, Acting Chief of Staff and White House Liaison, Department of Veterans Affairs, approved this document on January 25, 2021, for publication. Consuela Benjamin, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. [FR Doc. 2021–01904 Filed 1–26–21; 8:45 am] BILLING CODE 8320–01–P PO 00000 LEGAL SERVICES CORPORATION 45 CFR Part 1611 Income Level for Individuals Eligible for Assistance Legal Services Corporation. Final rule. AGENCY: ACTION: The Legal Services Corporation (LSC) is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual amendments to the Federal Poverty Guidelines issued by the U.S. Department of Health and Human Services (HHS). DATES: Effective January 28, 2021. FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Senior Assistant General Counsel, Legal Services Corporation, 3333 K St. NW, Washington, DC 20007; (202) 295–1563; sdavis@lsc.gov. SUPPLEMENTARY INFORMATION: Section 1007(a)(2) of the Legal Services Corporation Act (Act), 42 U.S.C. 2996f(a)(2), requires LSC to establish maximum income levels for individuals eligible for legal assistance. Section 1611.3(c) of LSC’s regulations establishes a maximum income level equivalent to 125% of the Federal Poverty Guidelines (Guidelines), which HHS is responsible for updating and issuing. 45 CFR 1611.3(c). Each year, LSC updates appendix A to 45 CFR part 1611 to provide client income eligibility standards based on the most recent Guidelines. The figures for 2021, set out below, are equivalent to 125% of the Guidelines published by HHS on January 15, 2021. In addition, LSC is publishing a chart listing income levels that are 200% of the Guidelines. This chart is for reference purposes only as an aid to recipients in assessing the financial eligibility of an applicant whose income is greater than 125% of the applicable Guidelines amount, but less than 200% of the applicable Guidelines amount (and who may be found to be financially eligible under duly adopted exceptions to the annual income ceiling in accordance with 45 CFR 1611.3, 1611.4, and 1611.5). Except where there are minor variances due to rounding, the amount by which the guideline increases for each additional member of the household is a consistent amount. SUMMARY: List of Subjects in 45 CFR Part 1611 Grant programs—law, Legal services. Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\28JAR1.SGM 28JAR1

Agencies

[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Rules and Regulations]
[Pages 7349-7350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01904]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP46


Prosthetic and Rehabilitative Items and Services; Delayed 
Effective Date

AGENCY: Department of Veterans Affairs.

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the Presidential directive as expressed in 
the memorandum of January 20, 2021, from the Assistant to the President 
and Chief of Staff, entitled ``Regulatory Freeze Pending Review'' and 
the OMB guidance M-21-14, ``Implementation of Memorandum Concerning 
Regulatory Freeze Pending Review'', both issued on January 20, 2021, 
this action temporarily delays until February 26, 2021 the effective 
date of the rule entitled Prosthetic and Rehabilitative

[[Page 7350]]

Items and Services, published in the Federal Register on December 28, 
2020, to allow Department of Veterans Affairs (VA) officials the 
opportunity for further review and consider the new regulations.

DATES: The effective date of the rule amending 38 CFR part 17 published 
at 85 FR 84245, December 28, 2020, is delayed until February 26, 2021.

FOR FURTHER INFORMATION CONTACT: Penny Nechanicky, National Program 
Director for Prosthetic and Sensory Aids Service (10P4RK), Department 
of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420; 
[email protected]; (202) 461-0337. (This is not a toll-free 
number.)

SUPPLEMENTARY INFORMATION: 

Background

    This rulemaking adopts proposed amendments to VA's regulations 
governing the provision of prosthetic and rehabilitative items and 
services as medical services to veterans. It establishes a new section 
for the provision of prosthetic and rehabilitative items and services, 
clarifies eligibility for such items and services, and defines the 
types of prosthetic and rehabilitative items and services available to 
eligible veterans.
    VA bases this action on the Presidential directive as expressed in 
the memorandum of January 20, 2021, from the Assistant to the President 
and Chief of Staff, entitled ``Regulatory Freeze Pending Review.'' That 
memorandum directed the heads of Executive Departments and Agencies to 
consider temporarily postponing for 60 days from the date of the 
memorandum the effective dates of all regulations that had been 
published in the Federal Register but had not yet taken effect. The 
memorandum also noted certain exceptions that do not apply here. VA 
therefore is delaying the effective date for the rule entitled 
``Prosthetic and Rehabilitative Items and Services'' to February 26, 
2021, determining 30 days is sufficient time to assess without unduly 
impacting or delaying delivery of support and services.
    The Agency's implementation of this action without opportunity for 
public comment is based on the good cause exception in the 
Administrative Procedure Act, 5 U.S.C. 553(b)(B), in that seeking 
public comment would be impracticable, unnecessary and contrary to the 
public interest. The temporary delay in effective date until February 
26, 2021, will give Agency officials the opportunity to review and 
consider the new regulations, as required by the memorandum of the 
Assistant to the President and Chief of Staff, dated January 20, 2021. 
The Prosthetic and Rehabilitative Items and Services rule would have 
taken effect on January 27, 2021. The effective date for this 
regulation will be extended by 30 days from the original effective 
date. It would not have been possible to provide a meaningful 
opportunity for public comment prior to that effective date, and delay 
of the effective date is in the public interest because it allows an 
opportunity for the new Administration to consider the policy 
implications of the final rule before it becomes final. Thus, the good 
cause exception in 5 U.S.C. 553(b)(B) applies to VA's decision to 
extend the effective date of the Prosthetic and Rehabilitative Items 
and Services rule without first going through notice and comment.
    In taking this action, the Agency also invokes the good cause 
exception in 5 U.S.C. 553(d)(3), which allows the action to be 
immediately effective for ``good cause'' rather than subject to the 
requirement in the Administrative Procedure Act (5 U.S.C. 553(d)) that 
a minimum of 60 days is required before a rule may become effective. 
The nature of this action is to extend by 30 days the effective date of 
a final rule that otherwise would become effective on January 27, 2021. 
Seeking prior public comment on this postponement would have been 
impracticable, as well as contrary to the public interest, in the 
orderly issuance and implementation of regulations.

Signing Authority

    The Acting 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. Chris Diaz, Acting Chief of Staff and White House Liaison, 
Department of Veterans Affairs, approved this document on January 25, 
2021, for publication.

Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy & 
Management, Office of the Secretary, Department of Veterans Affairs.
[FR Doc. 2021-01904 Filed 1-26-21; 8:45 am]
BILLING CODE 8320-01-P
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