International Terrorism Victim Expense Reimbursement Program, 3654-3657 [2023-01023]
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Federal Register / Vol. 88, No. 13 / Friday, January 20, 2023 / Rules and Regulations
10. Amend § 1010.3 by revising
paragraph (a)(2)(ii) to read as follows:
14. Amend § 1020.30 by revising
paragraphs (d)(1) and (d)(2)(ii) to read as
follows:
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§ 1010.3
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Identification.
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(a) * * *
(2) * * *
(ii) The month and year of
manufacture shall be provided clearly
and legibly, without abbreviation, and
with the year shown as a four-digit
number as follows in this paragraph.
Alternatively, a manufacturer may
utilize a manufacturing symbol and date
format that conforms with an applicable
FDA recognized consensus standard.
Manufactured: (Insert Month and Year
of Manufacture.)
*
*
*
*
*
11. Amend § 1010.4 by revising
paragraphs (b) introductory text, (b)(1),
and (b)(2) introductory text to read as
follows:
■
§ 1010.4
Variances.
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*
*
*
*
(b) Applications for variances. If you
are submitting an application for
variances or for amendments or
extensions thereof:
(1) You must either:
(i) Submit the variance application
and supporting materials to CDRH by
email using the
RadHealthCustomerService@
fda.hhs.gov mailbox; or
(ii) Submit an original copy of the
variance application by mail to: U.S.
Food and Drug Administration, Center
for Devices and Radiological Health,
Document Mail Center, Bldg. 66, Rm.
G609, 10903 New Hampshire Ave.,
Silver Spring, MD 20993–0002.
(2) The application for variance shall
include the following information:
*
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PART 1020—PERFORMANCE
STANDARDS FOR IONIZING
RADIATION EMITTING PRODUCTS
Authority: 21 U.S.C. 351, 352, 360e–360j,
360hh–360ss, 371, 381.
13. Amend § 1020.10 by revising
paragraph (a) to read as follows:
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§ 1020.10 Television receivers with
cathode ray tubes.
(a) Applicability. The provisions of
this section are applicable to television
receivers with cathode ray tubes
manufactured subsequent to January 15,
1970.
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*
*
*
*
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(d) * * *
(1) Reports of assembly. All
assemblers who install certified
components shall file a report of
assembly, except as specified in
paragraph (d)(2) of this section. The
report will be construed as the
assembler’s certification and
identification under §§ 1010.2 and
1010.3 of this chapter. The assembler
shall affirm in the report that the
manufacturer’s instructions were
followed in the assembly or that the
certified components as assembled into
the system meet all applicable
requirements of §§ 1020.30 through
1020.33. All assembler reports must be
on a form (Form FDA 2579 made
available at https://www.fda.gov/aboutfda/reports-manuals-forms/forms)
prescribed by the Director, Center for
Devices and Radiological Health.
Completed reports must be submitted to
the purchaser and, where applicable, to
the State agency responsible for
radiation protection within 15 days
following completion of the assembly.
(2) * * *
(ii) Certified accessory components;
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PART 1030—PERFORMANCE
STANDARDS FOR MICROWAVE AND
RADIO FREQUENCY EMITTING
PRODUCTS
15. The authority citation for part
1030 continues to read as follows:
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Authority: 21 U.S.C. 351, 352, 360, 360e–
360j, 360hh–360ss, 371, 381.
16. Amend § 1030.10 by revising
paragraph (c)(6)(iv) introductory text as
follows:
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Microwave ovens.
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12. The authority citation for part
1020 continues to read as follows:
15:54 Jan 19, 2023
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§ 1030.10
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VerDate Sep<11>2014
§ 1020.30 Diagnostic x-ray systems and
their major components.
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(c) * * *
(6) * * *
(iv) Upon application by a
manufacturer, the Director, Center for
Devices and radiological Health, Food
and Drug Administration, may grant an
exemption from one or more of the
statements (radiation safety warnings)
specified in paragraph (c)(6)(i) of this
section. Such exemption shall be based
upon a determination by the Director
that the microwave oven model for
which the exemption is sought should
continue to comply with paragraphs
(c)(1) through (3) of this section under
the adverse condition of use addressed
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by such precautionary statement(s). An
application shall be submitted to the
Dockets Management Staff (HFA–305),
Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD
20852. Copies of the written portion of
the application, including supporting
data and information, and the Director’s
action on the application will be
maintained by the Dockets Management
Branch for public review. The
application shall include:
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PART 1050—[REMOVED AND
RESERVED]
17. Under the authority of 21 U.S.C.
351, 352, 360, 360e–360j, 360hh–360ss,
371, 381, part 1050 is removed and
reserved.
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Dated: January 4, 2023.
Robert M. Califf,
Commissioner of Food and Drugs.
[FR Doc. 2023–00922 Filed 1–19–23; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 94
[Docket No.: OJP (OVC) 1539]
RIN 1121–AA78
International Terrorism Victim Expense
Reimbursement Program
Office of Justice Programs,
Justice.
ACTION: Adoption of interim rule as
final; technical corrections.
AGENCY:
The Office for Victims of
Crime (‘‘OVC’’) is promulgating this
final rule for its International Terrorism
Victim Expense Reimbursement
Program (‘‘ITVERP’’), in order to finalize
the interim final rule published on April
11, 2011, which removed a regulatory
limitation on the discretion of the
Director of OVC to accept claims filed
more than three years after the date that
an incident is designated as an incident
of international terrorism. This final
rule also makes non-substantive
technical corrections to update citations
to reflect the current location of the
cited provisions.
DATES: This final rule is effective
January 20, 2023.
ADDRESSES: For further information, see
the ITVERP website at https://
www.ojp.usdoj.gov/ovc/intdir/itverp.
FOR FURTHER INFORMATION CONTACT:
Victoria Jolicoeur, ITVERP, Office for
SUMMARY:
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Victims of Crime, Office of Justice
Programs, U.S. Department of Justice,
810 7th Street NW, Washington, DC
20531; (202) 307–5134.
SUPPLEMENTARY INFORMATION:
I. Background
ITVERP is a Federal program that
provides reimbursement to nationals of
the United States and Federal
Government employees (and certain
family members of such individuals,
under some circumstances), who are
victims of international terrorism and
who incur expenses as a result of such
incidents. For further information, see
the ITVERP website at https://
www.ojp.usdoj.gov/ovc/intdir/itverp.
Pursuant to 34 U.S.C. 20106 and 34
U.S.C. 20110(a), OVC promulgated an
interim-final rule to provide the Director
of OVC with express discretionary
authority to accept claims filed more
than three years after the date that an
incident is designated as one of
international terrorism. Largely owing to
considerations of administrative
convenience, the original ITVERP rule
(promulgated in 2006) among other
things limited the period within which
OVC would entertain waivers of claimfiling deadlines. In 2011, based on
experience administering the program
since it went into effect in 2006, OVC
determined that this limit on waivers of
late claims could lead to denials of
reimbursement for victims with
otherwise meritorious claims, even
under circumstances where tolling of
the deadline would be justified.
This rule adopts as final the interim
rule published April 11, 2011, at 76 FR
19909, which allows the Director of
OVC to toll or extend the deadline for
a late-filed claim where the Director
finds good cause to do so. In the
ordinary course, a showing of good
cause generally requires that the
claimant submit a written explanation—
satisfactory to the Director—for missing
the deadline. Generally speaking,
examples of good cause might include
situations such as where a victim’s
treatment for injuries sustained in an
incident were covered initially by
collateral sources, but these sources
later become unavailable after the filing
deadline has expired; where outreach to
overseas claimants has not been
effective; and where a claimant’s
extended illness, living abroad in
remote areas for extended periods of
time, or barriers to accessing
information about the program led to
the late filing. Absent circumstances
consonant with the foregoing, good
cause would not exist; thus, for
example, a claimant’s missing the
deadline due to mere inattentiveness to
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the program’s deadlines would not be
sufficient to establish good cause.
The interim final rule did not alter
any then-existing regulatory deadlines,
nor did it impose any new deadlines (or
any burden whatsoever) on claimants,
but instead merely operated to relieve
an administrative restriction, in the
then-existing rule, on claim filing (such
rule having been promulgated largely
for the administrative convenience of
OVC, which had found it, over the
course of four years of program
administration, to be unnecessary). In
these respects, the final rule is the same.
OVC had intended to finalize this
interim-final rule as part of a larger
revision of the program rules shortly
after publication of the interim-final
rule, but that effort ended up not
moving forward. Other priorities,
including updating program rules for
the Victims of Crime Act of 1984
(‘‘VOCA’’) Victim Assistance Program,
and administration and oversight
responsibilities relating to the
substantial increase in VOCA funding
that started in FY 2015, took priority
after that.
The non-substantive updates to the
citations are to ensure that the citations
accurately point to the substantive
provision originally intended when
subpart A was promulgated in 2006, and
when subpart B was promulgated in
2016. In 2017, many citations to
provisions in Title 42 of the United
States Code were reclassified to Title 34.
In addition, 2 CFR part 200 was
amended in 2020, and certain sections
were shifted by one number. The
updates herein adjust the citations to
reflect the new locations of the same
substantive provisions.
III. Regulatory Requirements
Executive Orders 12866 and 13563—
Regulatory Review
This final rule has been drafted in
accordance with Executive Order 12866,
‘‘Regulatory Planning and Review,’’
section 1(b), The Principles of
Regulation, and in accordance with
Executive Order 13563, ‘‘Improving
Regulation and Regulatory Review’’
section 1, General Principles of
Regulation. Executive Orders 12866 and
13563 direct agencies, in certain
circumstances, to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity).
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OVC has determined that this final
rule is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
Regulatory Planning and Review,
section 3(f), and, accordingly, this rule
has not been reviewed by the Office of
Management and Budget. This rule
finalizes the 2011 interim final rule,
which OVC also determined was not a
‘‘significant regulatory action,’’ without
change.
Cost/Benefit Assessment
This regulation has no cost to state,
local, or tribal governments, or to the
private sector. It merely alleviates an
administrative restriction on victim
claim filing by permitting the OVC
Director to allow late filing where the
Director determines that this is
appropriate. The ITVERP is funded by
fines, fees, penalty assessments, and
forfeitures paid by Federal offenders, as
well as gifts from private individuals,
deposited into the Crime Victims Fund
in the U.S. Treasury, and set aside in the
Antiterrorism Emergency Reserve Fund,
which is capped at $50 million in any
given year. The cost to the Federal
Government consists both of
administrative expenses and amounts
reimbursed to victims. Both types of
costs depend on the number of
claimants, prospective as well as
retroactive. This rule is not expected to
significantly increase the number of
eligible claimants, and therefore OVC
has determined that the negligible cost
potentially associated with allowing
certain late-filed claims to be processed
is outweighed by considerations of
fairness in the program’s administration
and the benefit of ensuring that U.S.
victims otherwise eligible for, and in
need of, reimbursement for injuries and
losses from overseas terrorism are
provided such reimbursement. This rule
has not, and is not expected to,
materially increase the overall
budgetary impact of the ITVERP.
Administrative Procedure Act
This rule concerns matters relating to
‘‘grants, benefits, or contracts,’’ 5 U.S.C.
553(a)(2). It is therefore statutorily
exempt from the requirement of notice
and comment and a 30-day delay in the
effective date. Moreover, to the extent
that it ‘‘recognizes an exemption or
relieves a restriction’’ on claimant filing,
it is exempt from the 30-day delay in the
effective date per 5 U.S.C. 553(d).
Moreover, with regard to the citation
corrections, OVC finds that notice and
comment would be unnecessary because
the citation updates are nonsubstantive—the underlying substantive
provisions remain the same, and
therefore good cause exists to dispense
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with notice and comment per 5 U.S.C.
553(b)(B), and a delayed effective date,
pursuant to 5 U.S.C. 553(d).
Although it was not required to do so,
upon publication of the interim-final
rule in 2011, OVC provided for postpromulgation public comment. OVC
received two comments, one of which
was not responsive. The only responsive
comment advocated for a statutorydefinition change beyond the scope of
this rulemaking, questioned the cost of
the program, requested that information
about payments be posted on the
internet, and opposed ‘‘paying claims
that are more than 3 years old and
leaving that to the ‘discreation’ [sic] of
the director . . . .’’ OVC does, in fact,
post detailed information on its website
about program payments, with
breakouts by number of claims, amounts
paid in each expense category, and
other claim processing information, and
has done so since 2008. Moreover, the
Director’s discretion is limited to
situations where a claimant shows good
cause to waive the filing deadline. For
example, in FY 2018, of the 36 new
applications received during the
reporting period, 4 were granted an
extension; in FY 2019, of 33 new
applicants, 1 was granted an extension.
ITVERP is a very small program, both in
terms of number of claims and amounts
paid. It received an average of 35 claims
per year from FY 2011 through FY 2019.
The total amount paid for all claims
added together in the FY 2017 reporting
period was $264,734.07; in FY 2018 was
$145,046, and in FY 2019 was $155,298.
Consequently, the entire program has a
de-minimis budgetary impact, and the
limited number of extensions granted
each year do not materially change that.
This rule finalizes that interim-final
rule, which made a minor amendment
to alleviate a procedural restriction on
ITVERP claimants that might otherwise
have led to the denial of meritorious
claims from victims, even where such
victims show good cause for delayed
filing.
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Executive Order 13132—Federalism
This regulation will not have a
substantial direct effect on the states, on
the relationship between the national
government and the states, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Exec. Order No. 13132,
64 FR 43255 (Aug. 4, 1999), it is
determined that this regulation does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
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Executive Order 12988
This final rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988, ‘‘Civil
Justice Reform.’’
Regulatory Flexibility Act
This regulation will not have a
significant economic impact on a
substantial number of small entities.
This regulation has no cost to State,
local, or tribal governments, or to the
private sector. The ITVERP is funded by
fines, fees, penalty assessments, and
bond forfeitures paid by Federal
offenders, as well as gifts from private
individuals, deposited into the Crime
Victims Fund in the U.S. Treasury.
Therefore, an analysis of the impact of
this regulation on such entities is not
required under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
Paperwork Reduction Act of 1995
This proposed rule contains no new
information collection or record-keeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501,
et seq.).
Unfunded Mandates Reform Act of 1995
This regulation will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Congressional Review Act
This rule is not a major rule as
defined by the Congressional Review
Act, 5 U.S.C. 804. It will not result in
an annual effect on the economy of $100
million or more; a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; or significant
adverse effects on competition,
employment, investment, productivity,
innovation, or on the ability of United
States-based enterprises to compete
with foreign-based enterprises in
domestic and export markets.
List of Subjects in 28 CFR Part 94
Administrative practice and
procedures, International terrorism,
Victim compensation.
Accordingly, for the reasons set forth
in the preamble, the Office of Justice
Programs adopts the interim rule
published April 11, 2011, at 76 FR
19909, as final without change and
makes technical corrections to title 28,
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part 94 of the Code of Federal
Regulations as follows:
PART 94—CRIME VICTIM SERVICES
1. The authority citation for part 94 is
revised to read as follows:
■
Authority: 34 U.S.C. 20103, 20106,
20110(a), 20111.
Subpart A—International Terrorism
Victim Expense Reimbursement
Program
§ 94.11
[Amended]
2. Amend § 94.11 in paragraph (a) by
removing ‘‘42 U.S.C. 10603c’’ and
adding in its place ‘‘34 U.S.C. 20106’’.
■
§ 94.12
[Amended]
3. Amend § 94.12 in paragraph (u)
introductory text by removing ‘‘42
U.S.C. 10603c(a)(3)(A)’’ and adding in
its place ‘‘34 U.S.C. 20106(a)(3)(A)’’.
■
§ 94.21
[Amended]
4. Amend § 94.21 in paragraph (a) by
removing ‘‘42 U.S.C. 10603c(a)(3)(A)’’
and adding in its place ‘‘34 U.S.C.
20106(a)(3)(A)’’.
■
Subpart B—VOCA Victim Assistance
Program
§ 94.101
[Amended]
5. Amend § 94.101 in paragraph (a) by
removing ‘‘42 U.S.C. 10603’’ and adding
in its place ‘‘34 U.S.C. 20103’’ and in
paragraph (b) by removing ‘‘42 U.S.C.
10604(a)’’ and adding in its place ‘‘34
U.S.C. 20110(a)’’.
■
§ 94.102
[Amended]
6. Amend § 94.102, in introductory
text of the definition of Direct services
or services to victims of crime, by
removing ‘‘42 U.S.C. 10603(d)(2)’’ and
adding in its place ‘‘34 U.S.C.
20103(d)(2)’’.
■
§ 94.103
[Amended]
7. Amend § 94.103 in paragraph (b)
introductory text by removing ‘‘42
U.S.C. 10603(a)(2)’’ and adding in its
place ‘‘34 U.S.C. 20103(a)(2)’’ and in
paragraph (g) by removing ‘‘2 CFR
200.336’’ and adding in its place ‘‘2 CFR
200.337’’.
■
§ 94.104
[Amended]
8. Amend § 94.104 in paragraph (b)
introductory text by removing ‘‘42
U.S.C. 10603(a)(2)(A)’’ and adding in its
place ‘‘34 U.S.C. 20103(a)(2)(A)’’ and in
paragraph (c) by removing ‘‘42 U.S.C.
10603(a)(2)(B)’’ and adding in its place
‘‘34 U.S.C. 20103(a)(2)(B)’’.
■
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§ 94.106
[Amended]
11. Amend § 94.108 in paragraph
(b)(2) by removing ‘‘42 U.S.C. 10604(h)’’
and adding in its place ‘‘34 U.S.C.
20110(h)’’.
the navigable waters of San Francisco
Bay, near Treasure Island, San
Francisco, CA, in support of the Coast
Guard Port Security Unit (PSU)–312
training exercise. This safety zone is
necessary to protect personnel, vessels,
and the marine environment from
potential hazards created by the Coast
Guard PSU–312 on-water training and
associated operations. Unauthorized
persons or vessels are prohibited from
entering, transiting through, or
remaining in the safety zone without
permission of the Captain of the Port
San Francisco or a designated
representative.
§ 94.111
DATES:
9. Amend § 94.106 in paragraph (a) by
removing ‘‘2 CFR 200.331’’ and adding
in its place ‘‘2 CFR 200.332’’.
■
§ 94.107
[Amended]
10. Amend § 94.107 in paragraph (a)
by removing ‘‘42 U.S.C. 10603(b)(3)’’
and adding in its place ‘‘34 U.S.C.
20103(b)(3)’’.
■
§ 94.108
[Amended]
■
[Amended]
12. Amend § 94.111 by removing ‘‘42
U.S.C. 10603(b)(1)’’ and adding in its
place ‘‘34 U.S.C. 20103(b)(1)’’.
■
§ 94.112
[Amended]
13. Amend § 94.112 in paragraph (b)
introductory text by removing ‘‘42
U.S.C. 10603(b)(1)(B)’’ and adding in its
place ‘‘34 U.S.C. 20103(b)(1)(B)’’.
■
§ 94.113
14. Amend § 94.113 in paragraph (b)
by removing ‘‘42 U.S.C. 10603(b)(1)(C)’’
and adding in its place ‘‘34 U.S.C.
20103(b)(1)(C)’’.
Dated: January 11, 2023.
Maureen A. Henneberg,
Deputy Assistant Attorney General for
Operations and Management, Office of Justice
Programs.
[FR Doc. 2023–01023 Filed 1–19–23; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0061]
RIN 1625–AA00
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Safety Zone; Coast Guard PSU–312
Training Exercise South Bay, San
Francisco Bay, San Francisco, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
SUMMARY:
15:54 Jan 19, 2023
If
you have questions on this rule, call or
email LT Anthony I. Solares, Waterways
Management, U.S. Coast Guard;
telephone (415) 399–3585, email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
[Amended]
15. Amend § 94.114 in paragraphs (a)
and (b) by removing ‘‘42 U.S.C.
10604(e)’’ and adding in its place ‘‘34
U.S.C. 20110(e)’’.
■
VerDate Sep<11>2014
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0061 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
[Amended]
■
§ 94.114
This rule is effective on January
21, 2023, from 9 a.m. through 6:30 p.m.
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I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard received
the final details of the training on
January 12, 2023. It is impracticable to
publish an NPRM because we must
establish this safety zone by January 21,
2023, and lack sufficient time to provide
a reasonable comment period and
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3657
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters around the potentially
hazardous on-water training and
associated operations involving vessels
firing blank rounds.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Francisco has
determined that potential hazards
associated with the Coast Guard PSU–
312 training operations scheduled to
occur on January 21, 2023, will be a
safety concern for anyone within the
designated exercise area. The on-water
training will involve vessels firing blank
rounds. For this reason, this temporary
safety zone is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
surrounding the potentially hazardous
activity.
IV. Discussion of the Rule
This rule establishes a safety zone
around the Coast Guard PSU–312
training operations in the waters of the
San Francisco Bay, near Treasure Island,
San Francisco, CA, on January 21, 2023,
from 9 a.m. until 6:30 p.m. The safety
zone will encompass the navigable
waters, from surface to bottom, within a
circle formed by connecting all points
1,000 yards from the circle center at
approximate position 37°49′15.3″ N,
122°21′38.5″ W (NAD 83); or as
announced via Broadcast Notice to
Mariners.
This regulation is needed to keep
persons and vessels away from the
immediate vicinity of the training
operations to ensure the safety of
personnel, vessels, and the marine
environment. No vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
Captain of the Port Sector San Francisco
(COTP) or a designated representative.
A ‘‘designated representative’’ means a
Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard
vessel or officer designated by or
assisting the COTP in the enforcement
of the safety zone.
The COTP or the COTP’s designated
representative will notify the maritime
community of periods during which this
E:\FR\FM\20JAR1.SGM
20JAR1
Agencies
[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Rules and Regulations]
[Pages 3654-3657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01023]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 94
[Docket No.: OJP (OVC) 1539]
RIN 1121-AA78
International Terrorism Victim Expense Reimbursement Program
AGENCY: Office of Justice Programs, Justice.
ACTION: Adoption of interim rule as final; technical corrections.
-----------------------------------------------------------------------
SUMMARY: The Office for Victims of Crime (``OVC'') is promulgating this
final rule for its International Terrorism Victim Expense Reimbursement
Program (``ITVERP''), in order to finalize the interim final rule
published on April 11, 2011, which removed a regulatory limitation on
the discretion of the Director of OVC to accept claims filed more than
three years after the date that an incident is designated as an
incident of international terrorism. This final rule also makes non-
substantive technical corrections to update citations to reflect the
current location of the cited provisions.
DATES: This final rule is effective January 20, 2023.
ADDRESSES: For further information, see the ITVERP website at https://www.ojp.usdoj.gov/ovc/intdir/itverp.
FOR FURTHER INFORMATION CONTACT: Victoria Jolicoeur, ITVERP, Office for
[[Page 3655]]
Victims of Crime, Office of Justice Programs, U.S. Department of
Justice, 810 7th Street NW, Washington, DC 20531; (202) 307-5134.
SUPPLEMENTARY INFORMATION:
I. Background
ITVERP is a Federal program that provides reimbursement to
nationals of the United States and Federal Government employees (and
certain family members of such individuals, under some circumstances),
who are victims of international terrorism and who incur expenses as a
result of such incidents. For further information, see the ITVERP
website at https://www.ojp.usdoj.gov/ovc/intdir/itverp.
Pursuant to 34 U.S.C. 20106 and 34 U.S.C. 20110(a), OVC promulgated
an interim-final rule to provide the Director of OVC with express
discretionary authority to accept claims filed more than three years
after the date that an incident is designated as one of international
terrorism. Largely owing to considerations of administrative
convenience, the original ITVERP rule (promulgated in 2006) among other
things limited the period within which OVC would entertain waivers of
claim-filing deadlines. In 2011, based on experience administering the
program since it went into effect in 2006, OVC determined that this
limit on waivers of late claims could lead to denials of reimbursement
for victims with otherwise meritorious claims, even under circumstances
where tolling of the deadline would be justified.
This rule adopts as final the interim rule published April 11,
2011, at 76 FR 19909, which allows the Director of OVC to toll or
extend the deadline for a late-filed claim where the Director finds
good cause to do so. In the ordinary course, a showing of good cause
generally requires that the claimant submit a written explanation--
satisfactory to the Director--for missing the deadline. Generally
speaking, examples of good cause might include situations such as where
a victim's treatment for injuries sustained in an incident were covered
initially by collateral sources, but these sources later become
unavailable after the filing deadline has expired; where outreach to
overseas claimants has not been effective; and where a claimant's
extended illness, living abroad in remote areas for extended periods of
time, or barriers to accessing information about the program led to the
late filing. Absent circumstances consonant with the foregoing, good
cause would not exist; thus, for example, a claimant's missing the
deadline due to mere inattentiveness to the program's deadlines would
not be sufficient to establish good cause.
The interim final rule did not alter any then-existing regulatory
deadlines, nor did it impose any new deadlines (or any burden
whatsoever) on claimants, but instead merely operated to relieve an
administrative restriction, in the then-existing rule, on claim filing
(such rule having been promulgated largely for the administrative
convenience of OVC, which had found it, over the course of four years
of program administration, to be unnecessary). In these respects, the
final rule is the same.
OVC had intended to finalize this interim-final rule as part of a
larger revision of the program rules shortly after publication of the
interim-final rule, but that effort ended up not moving forward. Other
priorities, including updating program rules for the Victims of Crime
Act of 1984 (``VOCA'') Victim Assistance Program, and administration
and oversight responsibilities relating to the substantial increase in
VOCA funding that started in FY 2015, took priority after that.
The non-substantive updates to the citations are to ensure that the
citations accurately point to the substantive provision originally
intended when subpart A was promulgated in 2006, and when subpart B was
promulgated in 2016. In 2017, many citations to provisions in Title 42
of the United States Code were reclassified to Title 34. In addition, 2
CFR part 200 was amended in 2020, and certain sections were shifted by
one number. The updates herein adjust the citations to reflect the new
locations of the same substantive provisions.
III. Regulatory Requirements
Executive Orders 12866 and 13563--Regulatory Review
This final rule has been drafted in accordance with Executive Order
12866, ``Regulatory Planning and Review,'' section 1(b), The Principles
of Regulation, and in accordance with Executive Order 13563,
``Improving Regulation and Regulatory Review'' section 1, General
Principles of Regulation. Executive Orders 12866 and 13563 direct
agencies, in certain circumstances, to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts, and equity).
OVC has determined that this final rule is not a ``significant
regulatory action'' under Executive Order 12866, Regulatory Planning
and Review, section 3(f), and, accordingly, this rule has not been
reviewed by the Office of Management and Budget. This rule finalizes
the 2011 interim final rule, which OVC also determined was not a
``significant regulatory action,'' without change.
Cost/Benefit Assessment
This regulation has no cost to state, local, or tribal governments,
or to the private sector. It merely alleviates an administrative
restriction on victim claim filing by permitting the OVC Director to
allow late filing where the Director determines that this is
appropriate. The ITVERP is funded by fines, fees, penalty assessments,
and forfeitures paid by Federal offenders, as well as gifts from
private individuals, deposited into the Crime Victims Fund in the U.S.
Treasury, and set aside in the Antiterrorism Emergency Reserve Fund,
which is capped at $50 million in any given year. The cost to the
Federal Government consists both of administrative expenses and amounts
reimbursed to victims. Both types of costs depend on the number of
claimants, prospective as well as retroactive. This rule is not
expected to significantly increase the number of eligible claimants,
and therefore OVC has determined that the negligible cost potentially
associated with allowing certain late-filed claims to be processed is
outweighed by considerations of fairness in the program's
administration and the benefit of ensuring that U.S. victims otherwise
eligible for, and in need of, reimbursement for injuries and losses
from overseas terrorism are provided such reimbursement. This rule has
not, and is not expected to, materially increase the overall budgetary
impact of the ITVERP.
Administrative Procedure Act
This rule concerns matters relating to ``grants, benefits, or
contracts,'' 5 U.S.C. 553(a)(2). It is therefore statutorily exempt
from the requirement of notice and comment and a 30-day delay in the
effective date. Moreover, to the extent that it ``recognizes an
exemption or relieves a restriction'' on claimant filing, it is exempt
from the 30-day delay in the effective date per 5 U.S.C. 553(d).
Moreover, with regard to the citation corrections, OVC finds that
notice and comment would be unnecessary because the citation updates
are non-substantive--the underlying substantive provisions remain the
same, and therefore good cause exists to dispense
[[Page 3656]]
with notice and comment per 5 U.S.C. 553(b)(B), and a delayed effective
date, pursuant to 5 U.S.C. 553(d).
Although it was not required to do so, upon publication of the
interim-final rule in 2011, OVC provided for post-promulgation public
comment. OVC received two comments, one of which was not responsive.
The only responsive comment advocated for a statutory-definition change
beyond the scope of this rulemaking, questioned the cost of the
program, requested that information about payments be posted on the
internet, and opposed ``paying claims that are more than 3 years old
and leaving that to the `discreation' [sic] of the director . . . .''
OVC does, in fact, post detailed information on its website about
program payments, with breakouts by number of claims, amounts paid in
each expense category, and other claim processing information, and has
done so since 2008. Moreover, the Director's discretion is limited to
situations where a claimant shows good cause to waive the filing
deadline. For example, in FY 2018, of the 36 new applications received
during the reporting period, 4 were granted an extension; in FY 2019,
of 33 new applicants, 1 was granted an extension. ITVERP is a very
small program, both in terms of number of claims and amounts paid. It
received an average of 35 claims per year from FY 2011 through FY 2019.
The total amount paid for all claims added together in the FY 2017
reporting period was $264,734.07; in FY 2018 was $145,046, and in FY
2019 was $155,298. Consequently, the entire program has a de-minimis
budgetary impact, and the limited number of extensions granted each
year do not materially change that.
This rule finalizes that interim-final rule, which made a minor
amendment to alleviate a procedural restriction on ITVERP claimants
that might otherwise have led to the denial of meritorious claims from
victims, even where such victims show good cause for delayed filing.
Executive Order 13132--Federalism
This regulation will not have a substantial direct effect on the
states, on the relationship between the national government and the
states, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Exec. Order
No. 13132, 64 FR 43255 (Aug. 4, 1999), it is determined that this
regulation does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Executive Order 12988
This final rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice
Reform.''
Regulatory Flexibility Act
This regulation will not have a significant economic impact on a
substantial number of small entities. This regulation has no cost to
State, local, or tribal governments, or to the private sector. The
ITVERP is funded by fines, fees, penalty assessments, and bond
forfeitures paid by Federal offenders, as well as gifts from private
individuals, deposited into the Crime Victims Fund in the U.S.
Treasury. Therefore, an analysis of the impact of this regulation on
such entities is not required under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.).
Paperwork Reduction Act of 1995
This proposed rule contains no new information collection or
record-keeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501, et seq.).
Unfunded Mandates Reform Act of 1995
This regulation will not result in the expenditure by State, local,
and tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Congressional Review Act
This rule is not a major rule as defined by the Congressional
Review Act, 5 U.S.C. 804. It will not result in an annual effect on the
economy of $100 million or more; a major increase in costs or prices
for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.
List of Subjects in 28 CFR Part 94
Administrative practice and procedures, International terrorism,
Victim compensation.
Accordingly, for the reasons set forth in the preamble, the Office
of Justice Programs adopts the interim rule published April 11, 2011,
at 76 FR 19909, as final without change and makes technical corrections
to title 28, part 94 of the Code of Federal Regulations as follows:
PART 94--CRIME VICTIM SERVICES
0
1. The authority citation for part 94 is revised to read as follows:
Authority: 34 U.S.C. 20103, 20106, 20110(a), 20111.
Subpart A--International Terrorism Victim Expense Reimbursement
Program
Sec. 94.11 [Amended]
0
2. Amend Sec. 94.11 in paragraph (a) by removing ``42 U.S.C. 10603c''
and adding in its place ``34 U.S.C. 20106''.
Sec. 94.12 [Amended]
0
3. Amend Sec. 94.12 in paragraph (u) introductory text by removing
``42 U.S.C. 10603c(a)(3)(A)'' and adding in its place ``34 U.S.C.
20106(a)(3)(A)''.
Sec. 94.21 [Amended]
0
4. Amend Sec. 94.21 in paragraph (a) by removing ``42 U.S.C.
10603c(a)(3)(A)'' and adding in its place ``34 U.S.C. 20106(a)(3)(A)''.
Subpart B--VOCA Victim Assistance Program
Sec. 94.101 [Amended]
0
5. Amend Sec. 94.101 in paragraph (a) by removing ``42 U.S.C. 10603''
and adding in its place ``34 U.S.C. 20103'' and in paragraph (b) by
removing ``42 U.S.C. 10604(a)'' and adding in its place ``34 U.S.C.
20110(a)''.
Sec. 94.102 [Amended]
0
6. Amend Sec. 94.102, in introductory text of the definition of Direct
services or services to victims of crime, by removing ``42 U.S.C.
10603(d)(2)'' and adding in its place ``34 U.S.C. 20103(d)(2)''.
Sec. 94.103 [Amended]
0
7. Amend Sec. 94.103 in paragraph (b) introductory text by removing
``42 U.S.C. 10603(a)(2)'' and adding in its place ``34 U.S.C.
20103(a)(2)'' and in paragraph (g) by removing ``2 CFR 200.336'' and
adding in its place ``2 CFR 200.337''.
Sec. 94.104 [Amended]
0
8. Amend Sec. 94.104 in paragraph (b) introductory text by removing
``42 U.S.C. 10603(a)(2)(A)'' and adding in its place ``34 U.S.C.
20103(a)(2)(A)'' and in paragraph (c) by removing ``42 U.S.C.
10603(a)(2)(B)'' and adding in its place ``34 U.S.C. 20103(a)(2)(B)''.
[[Page 3657]]
Sec. 94.106 [Amended]
0
9. Amend Sec. 94.106 in paragraph (a) by removing ``2 CFR 200.331''
and adding in its place ``2 CFR 200.332''.
Sec. 94.107 [Amended]
0
10. Amend Sec. 94.107 in paragraph (a) by removing ``42 U.S.C.
10603(b)(3)'' and adding in its place ``34 U.S.C. 20103(b)(3)''.
Sec. 94.108 [Amended]
0
11. Amend Sec. 94.108 in paragraph (b)(2) by removing ``42 U.S.C.
10604(h)'' and adding in its place ``34 U.S.C. 20110(h)''.
Sec. 94.111 [Amended]
0
12. Amend Sec. 94.111 by removing ``42 U.S.C. 10603(b)(1)'' and adding
in its place ``34 U.S.C. 20103(b)(1)''.
Sec. 94.112 [Amended]
0
13. Amend Sec. 94.112 in paragraph (b) introductory text by removing
``42 U.S.C. 10603(b)(1)(B)'' and adding in its place ``34 U.S.C.
20103(b)(1)(B)''.
Sec. 94.113 [Amended]
0
14. Amend Sec. 94.113 in paragraph (b) by removing ``42 U.S.C.
10603(b)(1)(C)'' and adding in its place ``34 U.S.C. 20103(b)(1)(C)''.
Sec. 94.114 [Amended]
0
15. Amend Sec. 94.114 in paragraphs (a) and (b) by removing ``42
U.S.C. 10604(e)'' and adding in its place ``34 U.S.C. 20110(e)''.
Dated: January 11, 2023.
Maureen A. Henneberg,
Deputy Assistant Attorney General for Operations and Management, Office
of Justice Programs.
[FR Doc. 2023-01023 Filed 1-19-23; 8:45 am]
BILLING CODE 4410-18-P