Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program, 62659-62663 [2024-16586]
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Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Rules and Regulations
application to seek funding from other
sources to work directly with ganginvolved youth to help them pursue
higher education opportunities that will
lead to postsecondary certification or
credentials.
This final regulatory action will not
have a significant economic impact on
a small entity once it receives a grant
because it will be able to meet the costs
of compliance using the funds provided
under this program.
Paperwork Reduction Act of 1995
This final priority and definition do
not contain any information collection
requirements.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
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Nasser Paydar,
Assistant Secretary for Postsecondary
Education.
BILLING CODE 4000–01–P
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DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 78
RIN 2900–AR16
Staff Sergeant Parker Gordon Fox
Suicide Prevention Grant Program
ACTION:
Department of Veterans Affairs.
Final rule.
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This rule is effective September
3, 2024.
DATES:
FOR FURTHER INFORMATION CONTACT:
Sandra Foley, Director SSG Fox SPGP—
Suicide Prevention Program, Office of
Suicide Prevention, 11SP, 810 Vermont
Avenue NW, Washington, DC 20420,
(202) 502–0002. (This is not a toll-free
telephone number.)
In an
interim final rule published in the
Federal Register (FR) on March 10,
2022, (87 FR 13806), VA established and
implemented, in new part 78 of title 38,
Code of Federal Regulations (CFR), the
Staff Sergeant Parker Gordon Fox
Suicide Prevention Grant Program (SSG
Fox SPGP), required by section 201 of
the Commander John Scott Hannon
Veterans Mental Health Care
Improvement Act of 2019, Public Law
(Pub. L.) 116–171 (the Act). VA
provided a 60-day comment period. On
March 22, 2022, VA published a
technical correction to address minor
technical and inadvertent errors in the
published interim final rule. 87 FR
16101. This technical correction did not
extend the comment period, which
ended on May 9, 2022. Ten comments
were received.
SUPPLEMENTARY INFORMATION:
Comments
All of the comments were generally
supportive of the rule, and VA thanks
the commenters for their support. VA
received substantive feedback from
three commenters, all of which were
individuals, and their comments are
discussed in more detail below.
Applications, Suicide Prevention
Services, and Eligibility
[FR Doc. 2024–16834 Filed 7–31–24; 8:45 am]
AGENCY:
The Department of Veterans
Affairs (VA) adopts as final, with
changes, an interim final rule to
implement a new authority requiring
VA to implement a three-year
community-based grant program to
award grants to eligible entities to
provide or coordinate the provision of
suicide prevention services to eligible
individuals and their families for the
purpose of reducing veteran suicide.
SUMMARY:
One commenter provided substantive
feedback regarding 38 CFR 78.15, which
describes the grant application package.
This commenter suggested the
application criteria include that the
programs and services are evidenceinformed or evidence-based and referred
to related definitions from a National
Academies of Sciences, Engineering,
and Medicine report from 2019. VA
appreciates this comment, but makes no
changes based on it for the reasons
described below.
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VA acknowledges the importance of
evidence-informed and evidence-based
programs, services, and strategies in
reducing suicide risk, and notes that the
majority of the services provided under
this grant program, as set forth in
§§ 78.50 through 79.85, are evidencebased or evidence-informed.
VA acknowledges that it requires
applicants to present evidence of their
capacity to provide services and
programs and for them to stay informed
of evidence-informed suicide
prevention practices. For example, as
part of the application, applicants are
required to provide evidence relating to
their programs and services. Current
§ 78.15(a)(1) requires documentation
evidencing the experience of the
applicant and any identified community
partners in providing or coordinating
the provision of suicide prevention
services to eligible individuals and their
families. Paragraph (a)(6) also requires,
in pertinent part, evidence of
measurable outcomes related to
reductions in suicide risk and moodrelated symptoms using validated
instruments. We believe these
provisions already address the concerns
of the commenter.
Additionally, § 78.25(c)(2)(iii) states
that VA will award points based on the
applicant having a feasible plan for
ensuring that the applicant’s staff and
any community providers are
appropriately trained and stay informed
of SSG Fox SPGP policy, evidenceinformed suicide prevention practices,
and the requirements of part 78.
Similarly, § 78.30(d)(1) provides that VA
will give preference to applicants that
demonstrated the ability to provide or
coordinate suicide prevention services,
which can be easily demonstrated
through the use of evidence-based or
evidence-informed interventions. As set
forth in current §§ 78.45 through 78.90,
suicide prevention services include
outreach, baseline mental health
screenings, education, clinical services
for emergency treatment, case
management services, peer support
services, assistance in obtaining VA and
other public benefits, assistance with
emergent needs, nontraditional and
innovative approaches and treatment
practices, and other services such as
general suicide prevention assistance.
These provisions further demonstrate
that existing requirements will ensure
that programs and services take a public
health approach to suicide prevention,
balancing linkage to clinical
interventions with community-based
strategies tailored to that community’s
unique needs.
Pursuant to § 78.90, VA may authorize
‘‘other services’’ which may not
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necessarily be evidence-informed or
evidence-based, but informed by a
public health approach to suicide
prevention that blends communitybased prevention with evidence-based
clinical strategies. Additionally, ‘‘other
services’’ are considered because the
field of mental health and suicide
prevention, including the data and
evidence supporting suicide prevention
services, is continuously evolving. This
approach provides VA with flexibility to
approve those services that have
promise in reducing veteran suicide but
do not yet have data to directly support
service expected outcomes. VA believes
this is consistent with the intent of this
program as a pilot and section 201 of the
Act, as pilot programs are typically
intended to provide an agency with a
period of time to develop a systematic
method for program evaluation, evaluate
how such a program should operate,
and develop metrics and outcomes,
ultimately to inform which programs
should be continued. Requiring that
programs and services provided under
this grant program all be evidenceinformed or evidence-based could
potentially limit the approaches and
treatment practices that may be effective
in reducing and preventing suicide risk,
which would be contrary to the intent
of section 201 of the Act and of this
program as a pilot. As a result, VA
makes no changes based on this
comment.
Another commenter suggested that
the types of services provided could be
extended. This commenter endorsed an
idea submitted in response to the
request for information VA published in
April 2021 related to this rulemaking to
have a holding system at gun clubs for
veterans while they seek mental health
treatment. See 86 FR 17268 (April 1,
2021). This could be considered a
nontraditional innovative practice or
other service that grantees could
provide pursuant to 38 CFR 78.85 or
78.90, respectively. Sections 78.85 and
78.90 are not intended to be exhaustive
lists of services covered under those
sections. Instead, VA has retained
discretion to approve services or
approaches proposed by applicants
pursuant to §§ 78.85 and 78.90. An
applicant is not prohibited from
proposing such approaches or services
in their application, upon which VA
would consider these potential services
based on the individual application.
Thus, VA would not revise §§ 78.85 or
78.90 to include this as an approved
suicide prevention service. VA makes
no changes based on this comment.
This commenter also appeared to
argue that suicide prevention services
should be extended to include those
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that would address housing and child
care as the commenter notes that lack of
access to these services can affect an
individual’s mental health. Pursuant to
§ 78.80(e) and (h), grantees may assist
eligible individuals in obtaining and
coordinating child care and temporary
income support services including
housing assistance as part of any public
benefit provided by Federal, State, local,
or Tribal agencies, or any other grantee
in the area. The grantee may also
directly provide child care and housing
assistance. Under § 78.80(g), grantees
can also assist participants in obtaining
and coordinating other public benefits
or assisting with emergent needs, and
grantees can provide directly to
participants legal services to assist with
issues, including obtaining or retaining
permanent housing, that may contribute
to the risk of suicide.
Relatedly, this commenter also
seemed to argue that the services under
this grant program should be available
to those who do not struggle with
suicidal ideation. In determining
eligibility for services under this grant
program, VA requires suicidal ideation
and/or behaviors as part of the criteria
of being at risk for suicide. Pursuant to
§ 78.10(b), VA requires exposure to, or
the existence of certain factors, to any
degree, that increase the risk for suicidal
ideation and/or behaviors [emphasis
added]. This is consistent with the
intent of this grant program and section
201 of the Act, including section
201(q)(4), which defines eligible
individuals for purposes of the program
as persons ‘‘at risk of suicide’’. VA notes
that those who are ineligible for services
under this grant program because they
are not at risk for suicide may be eligible
for other benefits and services to
address any challenges they may be
encountering, including such VA
benefits and services as VA health care
and the Homeless Grant and Per Diem
Program. Grantees can, and are
encouraged to, refer individuals who
have been screened but are determined
not to be at risk of suicide to other
resources and organizations in their
community or to furnish support to
them directly through resources other
than those available under this program.
VA makes no changes based on this
comment.
Reporting and Referrals
One commenter stated that the
regulations on reporting and referrals
were too strict and that they hoped they
could be adjusted to account for
veterans who may avoid this program
because they either would not want VA
to hold onto their records or are not
comfortable with a program affiliated
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with VA. VA understands the
commenter’s concern, but many of the
reporting requirements are consistent
with the requirements of the Act (see
section 201(e)(5) and (k) of the Act) as
well as other VA grant programs, such
as the Supportive Services for Veterans
and Families (SSVF) program. Thus, VA
is unable to change several of these
reporting requirements without
congressional action to remove such
requirements. Additionally, these
reporting requirements are important in
ensuring that VA is a good fiscal
steward of the taxpayer dollar in
administering this grant program. VA
further notes these reporting
requirements are for the grantees and
not veterans.
With regard to the regulations on
referrals, VA assumes this commenter is
mentioning the referral requirement in
38 CFR 78.50. Under section 201(m)(1)
of the Act, grantees are required to refer
certain eligible individuals to VA for
care. Such individuals can refuse
referral, consistent with section
201(m)(3). VA modeled the requirement
of referral in 38 CFR 78.50 after the
referral requirement in section 201(m) of
the Act. Because this referral is required
by statute, VA is unable to remove or
adjust this requirement in 38 CFR 78.50
without legislative action removing this
referral requirement from section
201(m) of the Act.
The commenter also stated that there
may be individuals who choose to stay
away from programs that have VA’s
name attached to them. However,
pursuant to section 201(e)(1) of the Act,
each grantee is required to notify
recipients of the suicide prevention
services that are being paid for, in whole
or in part, by VA. VA makes no changes
to the regulations based on this
comment.
Changes to 38 CFR Part 78 Not Based
on Comments
VA makes several changes not based
on comments. These do not create any
burdens or restrictions on grantees
under this grant program and address
issues VA has identified with
implementation. Several of these
changes remove requirements and
limitations that would restrict grantees
and their ability to effectively provide
suicide prevention services under this
grant program. These changes are a
logical outgrowth from the interim final
rule, and even if they are not, given
their nature, advance notice and the
opportunity to comment is unnecessary
under the terms of 5 U.S.C. 553(b)(B).
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Changes to 38 CFR 78.50 and 78.95
As part of the interim final rule
published on March 10, 2022, VA
established 38 CFR 78.50(a), which
requires that grantees provide or
coordinate the provision of a baseline
mental health screening to all
participants, including eligible
individuals and their family, at the time
those services begin. VA is revising 38
CFR 78.50(a) to only require the
provision of a baseline mental health
screening to eligible individuals instead
of all participants (such as family). This
revision would be consistent with
section 201(m) of the Act, which only
requires the provision of a baseline
mental health screening to eligible
individuals. See also, section
201(k)(1)(B)(vi) which requires a report
on the number of eligible individuals
whose mental health status, wellbeing,
and suicide risk received a baseline
measurement assessment under section
201. It is not appropriate to require
grantees to conduct baseline mental
health screenings to participants other
than eligible individuals, including
children under the age of 18 as well as
other family of eligible individuals (that
is, parents, spouses, siblings, stepfamily members, extended family
members, and any other individuals
who live with the eligible individuals)
in their programs. Additionally, as
explained in the amendment to Notice
of Funding Opportunity (NOFO)
published on June 3, 2022, this
requirement could present significant
logistical and legal difficulties regarding
the provision or coordination of the
provision of a baseline mental health
screening to children. See 87 FR 33880
for additional information.
While VA did not receive any
comments on the requirement to
provide or coordinate the provision of a
baseline mental health screening to all
participants during the public comment
period on the interim final rule, this
revision to § 78.50(a) will lessen the
burden on grantees, as they will only be
required to conduct baseline mental
health screenings for eligible
individuals. However, VA
acknowledges that if a grantee desires to
conduct the baseline mental health
screening of a participant other than an
eligible individual, VA is not restricting
their ability to do so, but that would be
at the grantee’s discretion and would
not be supported through grant funds.
To be consistent with the changes VA
is making to § 78.50(a), VA also amends
§ 78.50 by removing paragraph (c),
which explains that if a participant
other than an eligible individual is at
risk of suicide or other mental or
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behavioral health condition pursuant to
the baseline mental health screening
conducted under paragraph (a), the
grantee must refer such participant to
appropriate health care services in the
area unless the grantee is capable of
furnishing such care and that any
ongoing clinical services provided to the
participant by the grantee are at the
expense of the grantee.
Because VA will not require grantees
to provide a baseline mental health
screening to all participants (as
explained directly above), the
requirement in paragraph (c) to refer
participants to appropriate health care
services in the area based on the
baseline mental health screening would
also not be needed. However, VA
strongly encourages grantees that
identify such participants as being at
risk of suicide or other mental or
behavioral health condition to refer
these participants to appropriate health
care services in the area or provide such
care themselves if the grantee is capable
and does so at their own expense. This
would ensure that these participants
receive any necessary health care
services to address their condition(s).
VA would not require referrals, but
rather strongly encourage them in such
instances. This would be reflected in
grant program materials such as the
NOFO and program guide.
For the same reasons as discussed
above, VA makes similar and consistent
changes to § 78.50(d), which states that
except as provided for under § 78.60(a),
funds provided under this grant
program may not be used to provide
clinical services to participants, and any
ongoing clinical services provided to
such individuals by the grantee are at
the expense of the grantee. The grantee
may not charge, bill, or otherwise hold
liable participants for the receipt of such
care or services. VA now revises
§ 78.50(d) to refer to eligible individuals
instead of participants, and to
redesignate paragraph (d) as paragraph
(c), given the removal of paragraph (c)
as described above.
To be consistent with these changes
made in § 78.50, VA also revises
§ 78.95(b), which requires that prior to
services ending, grantees must provide
or coordinate the provision of a mental
health screening using the screening
tool described in § 78.50(a) to all
participants they serve, when possible.
VA revises § 78.95(b) to refer to eligible
individuals instead of participants.
Changes to 38 CFR 78.130
Section 78.130 explains that faithbased organizations are eligible for
suicide prevention services grants and
describes the conditions for use of these
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grants as they relate to religious
activities. Subsequent to the publication
of the interim final rule establishing part
78, VA finalized regulations updating 38
CFR part 50. See 89 FR 15671 (March
4, 2024). Part 50 also explains that faithbased organizations are eligible to
participate in VA’s grant-making
programs on the same basis as any other
organizations, that VA will not
discriminate against faith-based
organizations in the selection of service
providers, and that faith-based and
other organizations may request
accommodations from program
requirements and may be afforded such
accommodations in accordance with
Federal law. Because all VA grant
programs, including SSG Fox SPGP, are
subject to part 50, VA revises 38 CFR
78.130 to refer to part 50 rather than
restate the provisions of part 50. Thus,
in the event that part 50 is further
amended, VA would not need to amend
part 78. VA does not regard notice and
comment on this change as necessary
because the public was already given
notice and an opportunity to comment
as part of the rulemaking to amend part
50.
Changes to 38 CFR 78.140
Section 78.140 describes financial
management and administrative costs
related to this grant program. Paragraph
(d) limits the administrative costs to no
more than 10 percent of the total
amount of the suicide prevention
services grant. While 2 CFR 200.414(c)
requires that negotiated rates for
indirect costs (also commonly referred
to as administrative costs) between one
Federal awarding agency and a grantee
must be accepted by all Federal
awarding agencies, Federal agencies are
able to use different rates when
authorized by statute or regulation. See
2 CFR 200.414(c)(1).
Pursuant to such exception, VA
promulgated the 10 percent limit on
administrative costs at 38 CFR
78.140(d). However, VA has found that
capping the administrative costs at 10
percent results in certain unintended
consequences. Through the application
process, VA has found that numerous
organizations receive funding from
other Federal agencies for the provision
or coordination of the provision of
similar services that are provided under
the instant grant program. Those
organizations have various rates
determined by a negotiated Federal
indirect cost rate (IDCR) that may be
higher or lower than 10 percent. For
example, after reviewing whether
current grantees received funding from
other Federal agencies, VA identified
that 31 of the 80 current grantees have
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a negotiated Federal IDCR that is higher
than 10 percent.
As a result, such organizations have
internally operationalized such rates.
VA’s 10 percent limit may negatively
impact those organizations who have an
IDCR higher than 10 percent,
particularly as such organizations may
not have additional funds for
administrative costs due to the
operationalization of the higher rate
they have established with other Federal
agencies for the provision or
coordination of similar services. VA is
thus concerned that limiting
administrative costs to 10 percent may
disrupt organizations’ provision or
coordination of the provision of services
authorized under the instant grant
program and those similar services that
may be provided or coordinated by the
organization pursuant to funding
awarded by another Federal agency.
Additionally, VA is concerned that
this 10 percent cap may result in some
organizations, who have an IDCR higher
than 10 percent, deciding not to apply
for a suicide prevention services grant.
This could limit the number of
organizations to which VA could
provide funds under this instant grant
program, including those organizations
that have current and/or past experience
providing and/or coordinating the
services authorized under this grant
program.
Removing this limit of 10 percent and
applying the rate that an organization
has negotiated with another Federal
agency pursuant to 2 CFR 200.414(c)
will ensure that VA aligns with other
Federal agencies who provide funds to
organizations for the similar type of
services that are authorized under this
instant grant program.
For these reasons, VA amends 38 CFR
78.140 by revising the first sentence of
paragraph (d) to state that costs for
administration by a grantee will be
consistent with 2 CFR part 200. VA
would not reference the specific section
of part 200 as that is subject to change.
The rest of paragraph (d) that further
describes administrative costs remains
as is. This change will effectively allow
more applicants to apply for and
potentially receive grants under this
program.
This change is within VA’s discretion
under section 201(f)(1) of the Act, which
permits VA to require such
commitments and information as the
Secretary considers necessary to carry
out section 201. Section 201 of the Act
also does not place limits on the
percentage of the grant funds that may
be used for administrative costs. VA
makes no further changes to 38 CFR
78.140.
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Changes to References to Office of
Management and Budget (OMB) Control
Numbers
Sections 78.10, 78.15, 78.95, 78.125,
and 78.145 include information
collections subject to the Paperwork
Reduction Act. When the interim final
rule published, these information
collections had not yet been approved
by OMB. In §§ 78.10, 78.15, 78.95,
78.125, and 78.145, VA thus included
language noting that the Office of
Management and Budget had approved
the information collection provisions in
this section, but it did not identify
specific control numbers. However,
these information collections have since
been approved and designated with
control numbers. VA now revises the
language in §§ 78.10, 78.15, 78.95,
78.125, and 78.145 to state that OMB
has approved the information collection
provisions in this section under control
number 2900–0904.
Administrative Procedure Act
VA has considered all relevant input
and information contained in the
comments submitted in response to the
interim final rule (87 FR 13806) and, for
the reasons set forth in the foregoing
responses to those comments, has
concluded that no changes to the
interim final rule are warranted based
on those comments. However, VA is
making minor changes to the regulation,
as explained above, that do not require
notice and comment before
implementation. These changes are a
logical outgrowth from the interim final
rule, and even if they are not, they
relieve requirements previously
established through the interim final
rule, and advance notice and the
opportunity to comment is unnecessary
under the terms of 5 U.S.C. 553(b)(B)
because the amendments generally align
with the statutory authority and do not
create any burdens or restrictions on
grantees under this program. Changes to
38 CFR 78.130 were already effectively
subject to notice and comment as well
through the rulemaking to amend part
50, as discussed above. Accordingly,
based upon the authorities and reasons
set forth in the interim final rule (87 FR
13806), as supplemented by the
additional reasons provided in this
document in response to comments
received and based on the rationale set
forth in this rule, VA is adopting the
provisions of the interim final rule as a
final rule with minor changes.
Executive Orders 12866, 13563, and
14094
Executive Order 12866 (Regulatory
Planning and Review) directs agencies
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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
14094 (Executive Order on Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in
Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review),
and Executive Order 13563 of January
18, 2011 (Improving Regulation and
Regulatory Review). The Office of
Information and Regulatory Affairs has
determined that this rulemaking is a
significant regulatory action under
Executive Order 12866. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
Regulatory Flexibility Act
The Secretary hereby certifies that
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
only impact those entities that choose to
participate in the Staff Sergeant Parker
Gordon Fox Suicide Prevention Grant
Program. Small entity applicants will
not be affected to a greater extent than
large entity applicants. Small entities
must elect to participate. To the extent
this final rule would have any impact
on small entities, it would not have an
impact on a substantial number of small
entities.
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
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507) requires that VA
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consider the impact of paperwork and
other information collection burdens
imposed on the public. Except for
emergency approvals under 44 U.S.C.
3507(j), VA may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The interim final rule included
provisions constituting new collections
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521) that required approval by OMB
(the provisions in the interim final rule
are §§ 78.10, 78.15, 78.95, 78.125, and
78.145). Accordingly, under 44 U.S.C.
3507(d), VA submitted a copy of the
interim final rule to OMB for review,
and VA requested that OMB approve the
collections of information on an
emergency basis. VA did not receive any
comments on the collections of
information contained in the interim
final rule. OMB approved the
collections of information under control
number 2900–0904.
Assistance Listing
The Assistance Listing numbers and
titles for the programs affected by this
document are 64.055, VA Suicide
Prevention Program.
Congressional Review Act
Pursuant to subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (known as the
Congressional Review Act) (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs designated this rule
as not satisfying the criteria under 5
U.S.C. 804(2).
List of Subjects in 38 CFR Part 78
Signing Authority
ddrumheller on DSK120RN23PROD with RULES1
amending 38 CFR chapter 1 by adding
part 78, which was published at 87 FR
13806 (March 10, 2022) and amended
by 87 FR 16101 (March 22, 2022), is
adopted as a final rule with the
following changes:
ENVIRONMENTAL PROTECTION
AGENCY
PART 78—STAFF SERGEANT PARKER
GORDON FOX SUICIDE PREVENTION
GRANT PROGRAM
Designations of Areas for Air Quality
Planning Purposes; Maryland;
Baltimore, MD 2015 8-Hour Ozone
Nonattainment Area; Reclassification
to Serious
1. The authority citation for part 78
continues to read as follows:
■
Authority: 38 U.S.C. 501, 38 U.S.C. 1720F
(note), sec. 201, Pub. L. 116–171, and as
noted in specific sections.
2. Amend part 78 by removing the
term ‘‘2900–TBD’’ wherever it appears
and adding in its place ‘‘2900–0904’’.
■
§ 78.50
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on July 23, 2024, 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.
Consuela Benjamin,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
[Amended]
3. Amend § 78.50 by:
■ a. In paragraph (a), removing the term
‘‘participants’’ and in adding its place
‘‘eligible individuals’’.
■ b. Removing paragraph (c) and
redesignating paragraph (d) as
paragraph (c).
■ c. In newly redesignated paragraph
(c), removing the term ‘‘participants’’
and adding in its place ‘‘eligible
individuals’’.
■
§ 78.95
[Amended]
4. Amend § 78.95(b) by removing the
term ‘‘participants’’ and adding in its
place ‘‘eligible individuals’’.
■
■
5. Revise § 78.130 to read as follows:
§ 78.130
Administrative practice and
procedure, Grant programs—health,
Grant programs—veterans, Grant
programs—suicide prevention, Health
care, Mental health programs, Reporting
and recordkeeping requirements,
Suicide prevention, Veterans.
Faith-based organizations.
Organizations that are faith-based are
eligible, on the same basis as any other
organization, to participate in SSG Fox
SPGP under this part in accordance
with 38 CFR part 50.
6. Amend § 78.140 by revising the first
sentence of paragraph (d) to read as
follows:
■
§ 78.140 Financial management and
administrative costs.
*
*
*
*
*
(d) Costs for administration by a
grantee will be consistent with 2 CFR
part 200. * * *
[FR Doc. 2024–16586 Filed 7–31–24; 8:45 am]
BILLING CODE 8320–01–P
16:00 Jul 31, 2024
Jkt 262001
PO 00000
40 CFR Part 81
[EPA–R03–OAR–2024–0352; FRL–12131–
01–R3]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Under the Clean Air Act
(CAA or the ‘‘Act’’), the Environmental
Protection Agency (EPA) is granting a
request from the State of Maryland to
reclassify the Baltimore, Maryland
ozone nonattainment area from
‘‘Moderate’’ to ‘‘Serious’’ for the 2015 8hour ozone national ambient air quality
standards (2015 ozone NAAQS).
DATES: This final rule is effective on
August 1, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2024–0352. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT: Ian
Neiswinter, Planning and
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2011. Mr.
Neiswinter can also be reached via
electronic mail at neiswinter.ian@
epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Reclassification of the Baltimore, Maryland
Area to Serious Ozone Nonattainment
II. Statutory and Executive Order Reviews
For the reasons stated in the
preamble, the interim final rule
VerDate Sep<11>2014
62663
Frm 00011
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01AUR1
Agencies
[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Rules and Regulations]
[Pages 62659-62663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16586]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 78
RIN 2900-AR16
Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) adopts as final, with
changes, an interim final rule to implement a new authority requiring
VA to implement a three-year community-based grant program to award
grants to eligible entities to provide or coordinate the provision of
suicide prevention services to eligible individuals and their families
for the purpose of reducing veteran suicide.
DATES: This rule is effective September 3, 2024.
FOR FURTHER INFORMATION CONTACT: Sandra Foley, Director SSG Fox SPGP--
Suicide Prevention Program, Office of Suicide Prevention, 11SP, 810
Vermont Avenue NW, Washington, DC 20420, (202) 502-0002. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION: In an interim final rule published in the
Federal Register (FR) on March 10, 2022, (87 FR 13806), VA established
and implemented, in new part 78 of title 38, Code of Federal
Regulations (CFR), the Staff Sergeant Parker Gordon Fox Suicide
Prevention Grant Program (SSG Fox SPGP), required by section 201 of the
Commander John Scott Hannon Veterans Mental Health Care Improvement Act
of 2019, Public Law (Pub. L.) 116-171 (the Act). VA provided a 60-day
comment period. On March 22, 2022, VA published a technical correction
to address minor technical and inadvertent errors in the published
interim final rule. 87 FR 16101. This technical correction did not
extend the comment period, which ended on May 9, 2022. Ten comments
were received.
Comments
All of the comments were generally supportive of the rule, and VA
thanks the commenters for their support. VA received substantive
feedback from three commenters, all of which were individuals, and
their comments are discussed in more detail below.
Applications, Suicide Prevention Services, and Eligibility
One commenter provided substantive feedback regarding 38 CFR 78.15,
which describes the grant application package. This commenter suggested
the application criteria include that the programs and services are
evidence-informed or evidence-based and referred to related definitions
from a National Academies of Sciences, Engineering, and Medicine report
from 2019. VA appreciates this comment, but makes no changes based on
it for the reasons described below.
VA acknowledges the importance of evidence-informed and evidence-
based programs, services, and strategies in reducing suicide risk, and
notes that the majority of the services provided under this grant
program, as set forth in Sec. Sec. 78.50 through 79.85, are evidence-
based or evidence-informed.
VA acknowledges that it requires applicants to present evidence of
their capacity to provide services and programs and for them to stay
informed of evidence-informed suicide prevention practices. For
example, as part of the application, applicants are required to provide
evidence relating to their programs and services. Current Sec.
78.15(a)(1) requires documentation evidencing the experience of the
applicant and any identified community partners in providing or
coordinating the provision of suicide prevention services to eligible
individuals and their families. Paragraph (a)(6) also requires, in
pertinent part, evidence of measurable outcomes related to reductions
in suicide risk and mood-related symptoms using validated instruments.
We believe these provisions already address the concerns of the
commenter.
Additionally, Sec. 78.25(c)(2)(iii) states that VA will award
points based on the applicant having a feasible plan for ensuring that
the applicant's staff and any community providers are appropriately
trained and stay informed of SSG Fox SPGP policy, evidence-informed
suicide prevention practices, and the requirements of part 78.
Similarly, Sec. 78.30(d)(1) provides that VA will give preference to
applicants that demonstrated the ability to provide or coordinate
suicide prevention services, which can be easily demonstrated through
the use of evidence-based or evidence-informed interventions. As set
forth in current Sec. Sec. 78.45 through 78.90, suicide prevention
services include outreach, baseline mental health screenings,
education, clinical services for emergency treatment, case management
services, peer support services, assistance in obtaining VA and other
public benefits, assistance with emergent needs, nontraditional and
innovative approaches and treatment practices, and other services such
as general suicide prevention assistance. These provisions further
demonstrate that existing requirements will ensure that programs and
services take a public health approach to suicide prevention, balancing
linkage to clinical interventions with community-based strategies
tailored to that community's unique needs.
Pursuant to Sec. 78.90, VA may authorize ``other services'' which
may not
[[Page 62660]]
necessarily be evidence-informed or evidence-based, but informed by a
public health approach to suicide prevention that blends community-
based prevention with evidence-based clinical strategies. Additionally,
``other services'' are considered because the field of mental health
and suicide prevention, including the data and evidence supporting
suicide prevention services, is continuously evolving. This approach
provides VA with flexibility to approve those services that have
promise in reducing veteran suicide but do not yet have data to
directly support service expected outcomes. VA believes this is
consistent with the intent of this program as a pilot and section 201
of the Act, as pilot programs are typically intended to provide an
agency with a period of time to develop a systematic method for program
evaluation, evaluate how such a program should operate, and develop
metrics and outcomes, ultimately to inform which programs should be
continued. Requiring that programs and services provided under this
grant program all be evidence-informed or evidence-based could
potentially limit the approaches and treatment practices that may be
effective in reducing and preventing suicide risk, which would be
contrary to the intent of section 201 of the Act and of this program as
a pilot. As a result, VA makes no changes based on this comment.
Another commenter suggested that the types of services provided
could be extended. This commenter endorsed an idea submitted in
response to the request for information VA published in April 2021
related to this rulemaking to have a holding system at gun clubs for
veterans while they seek mental health treatment. See 86 FR 17268
(April 1, 2021). This could be considered a nontraditional innovative
practice or other service that grantees could provide pursuant to 38
CFR 78.85 or 78.90, respectively. Sections 78.85 and 78.90 are not
intended to be exhaustive lists of services covered under those
sections. Instead, VA has retained discretion to approve services or
approaches proposed by applicants pursuant to Sec. Sec. 78.85 and
78.90. An applicant is not prohibited from proposing such approaches or
services in their application, upon which VA would consider these
potential services based on the individual application. Thus, VA would
not revise Sec. Sec. 78.85 or 78.90 to include this as an approved
suicide prevention service. VA makes no changes based on this comment.
This commenter also appeared to argue that suicide prevention
services should be extended to include those that would address housing
and child care as the commenter notes that lack of access to these
services can affect an individual's mental health. Pursuant to Sec.
78.80(e) and (h), grantees may assist eligible individuals in obtaining
and coordinating child care and temporary income support services
including housing assistance as part of any public benefit provided by
Federal, State, local, or Tribal agencies, or any other grantee in the
area. The grantee may also directly provide child care and housing
assistance. Under Sec. 78.80(g), grantees can also assist participants
in obtaining and coordinating other public benefits or assisting with
emergent needs, and grantees can provide directly to participants legal
services to assist with issues, including obtaining or retaining
permanent housing, that may contribute to the risk of suicide.
Relatedly, this commenter also seemed to argue that the services
under this grant program should be available to those who do not
struggle with suicidal ideation. In determining eligibility for
services under this grant program, VA requires suicidal ideation and/or
behaviors as part of the criteria of being at risk for suicide.
Pursuant to Sec. 78.10(b), VA requires exposure to, or the existence
of certain factors, to any degree, that increase the risk for suicidal
ideation and/or behaviors [emphasis added]. This is consistent with the
intent of this grant program and section 201 of the Act, including
section 201(q)(4), which defines eligible individuals for purposes of
the program as persons ``at risk of suicide''. VA notes that those who
are ineligible for services under this grant program because they are
not at risk for suicide may be eligible for other benefits and services
to address any challenges they may be encountering, including such VA
benefits and services as VA health care and the Homeless Grant and Per
Diem Program. Grantees can, and are encouraged to, refer individuals
who have been screened but are determined not to be at risk of suicide
to other resources and organizations in their community or to furnish
support to them directly through resources other than those available
under this program.
VA makes no changes based on this comment.
Reporting and Referrals
One commenter stated that the regulations on reporting and
referrals were too strict and that they hoped they could be adjusted to
account for veterans who may avoid this program because they either
would not want VA to hold onto their records or are not comfortable
with a program affiliated with VA. VA understands the commenter's
concern, but many of the reporting requirements are consistent with the
requirements of the Act (see section 201(e)(5) and (k) of the Act) as
well as other VA grant programs, such as the Supportive Services for
Veterans and Families (SSVF) program. Thus, VA is unable to change
several of these reporting requirements without congressional action to
remove such requirements. Additionally, these reporting requirements
are important in ensuring that VA is a good fiscal steward of the
taxpayer dollar in administering this grant program. VA further notes
these reporting requirements are for the grantees and not veterans.
With regard to the regulations on referrals, VA assumes this
commenter is mentioning the referral requirement in 38 CFR 78.50. Under
section 201(m)(1) of the Act, grantees are required to refer certain
eligible individuals to VA for care. Such individuals can refuse
referral, consistent with section 201(m)(3). VA modeled the requirement
of referral in 38 CFR 78.50 after the referral requirement in section
201(m) of the Act. Because this referral is required by statute, VA is
unable to remove or adjust this requirement in 38 CFR 78.50 without
legislative action removing this referral requirement from section
201(m) of the Act.
The commenter also stated that there may be individuals who choose
to stay away from programs that have VA's name attached to them.
However, pursuant to section 201(e)(1) of the Act, each grantee is
required to notify recipients of the suicide prevention services that
are being paid for, in whole or in part, by VA. VA makes no changes to
the regulations based on this comment.
Changes to 38 CFR Part 78 Not Based on Comments
VA makes several changes not based on comments. These do not create
any burdens or restrictions on grantees under this grant program and
address issues VA has identified with implementation. Several of these
changes remove requirements and limitations that would restrict
grantees and their ability to effectively provide suicide prevention
services under this grant program. These changes are a logical
outgrowth from the interim final rule, and even if they are not, given
their nature, advance notice and the opportunity to comment is
unnecessary under the terms of 5 U.S.C. 553(b)(B).
[[Page 62661]]
Changes to 38 CFR 78.50 and 78.95
As part of the interim final rule published on March 10, 2022, VA
established 38 CFR 78.50(a), which requires that grantees provide or
coordinate the provision of a baseline mental health screening to all
participants, including eligible individuals and their family, at the
time those services begin. VA is revising 38 CFR 78.50(a) to only
require the provision of a baseline mental health screening to eligible
individuals instead of all participants (such as family). This revision
would be consistent with section 201(m) of the Act, which only requires
the provision of a baseline mental health screening to eligible
individuals. See also, section 201(k)(1)(B)(vi) which requires a report
on the number of eligible individuals whose mental health status,
wellbeing, and suicide risk received a baseline measurement assessment
under section 201. It is not appropriate to require grantees to conduct
baseline mental health screenings to participants other than eligible
individuals, including children under the age of 18 as well as other
family of eligible individuals (that is, parents, spouses, siblings,
step-family members, extended family members, and any other individuals
who live with the eligible individuals) in their programs.
Additionally, as explained in the amendment to Notice of Funding
Opportunity (NOFO) published on June 3, 2022, this requirement could
present significant logistical and legal difficulties regarding the
provision or coordination of the provision of a baseline mental health
screening to children. See 87 FR 33880 for additional information.
While VA did not receive any comments on the requirement to provide
or coordinate the provision of a baseline mental health screening to
all participants during the public comment period on the interim final
rule, this revision to Sec. 78.50(a) will lessen the burden on
grantees, as they will only be required to conduct baseline mental
health screenings for eligible individuals. However, VA acknowledges
that if a grantee desires to conduct the baseline mental health
screening of a participant other than an eligible individual, VA is not
restricting their ability to do so, but that would be at the grantee's
discretion and would not be supported through grant funds.
To be consistent with the changes VA is making to Sec. 78.50(a),
VA also amends Sec. 78.50 by removing paragraph (c), which explains
that if a participant other than an eligible individual is at risk of
suicide or other mental or behavioral health condition pursuant to the
baseline mental health screening conducted under paragraph (a), the
grantee must refer such participant to appropriate health care services
in the area unless the grantee is capable of furnishing such care and
that any ongoing clinical services provided to the participant by the
grantee are at the expense of the grantee.
Because VA will not require grantees to provide a baseline mental
health screening to all participants (as explained directly above), the
requirement in paragraph (c) to refer participants to appropriate
health care services in the area based on the baseline mental health
screening would also not be needed. However, VA strongly encourages
grantees that identify such participants as being at risk of suicide or
other mental or behavioral health condition to refer these participants
to appropriate health care services in the area or provide such care
themselves if the grantee is capable and does so at their own expense.
This would ensure that these participants receive any necessary health
care services to address their condition(s). VA would not require
referrals, but rather strongly encourage them in such instances. This
would be reflected in grant program materials such as the NOFO and
program guide.
For the same reasons as discussed above, VA makes similar and
consistent changes to Sec. 78.50(d), which states that except as
provided for under Sec. 78.60(a), funds provided under this grant
program may not be used to provide clinical services to participants,
and any ongoing clinical services provided to such individuals by the
grantee are at the expense of the grantee. The grantee may not charge,
bill, or otherwise hold liable participants for the receipt of such
care or services. VA now revises Sec. 78.50(d) to refer to eligible
individuals instead of participants, and to redesignate paragraph (d)
as paragraph (c), given the removal of paragraph (c) as described
above.
To be consistent with these changes made in Sec. 78.50, VA also
revises Sec. 78.95(b), which requires that prior to services ending,
grantees must provide or coordinate the provision of a mental health
screening using the screening tool described in Sec. 78.50(a) to all
participants they serve, when possible. VA revises Sec. 78.95(b) to
refer to eligible individuals instead of participants.
Changes to 38 CFR 78.130
Section 78.130 explains that faith-based organizations are eligible
for suicide prevention services grants and describes the conditions for
use of these grants as they relate to religious activities. Subsequent
to the publication of the interim final rule establishing part 78, VA
finalized regulations updating 38 CFR part 50. See 89 FR 15671 (March
4, 2024). Part 50 also explains that faith-based organizations are
eligible to participate in VA's grant-making programs on the same basis
as any other organizations, that VA will not discriminate against
faith-based organizations in the selection of service providers, and
that faith-based and other organizations may request accommodations
from program requirements and may be afforded such accommodations in
accordance with Federal law. Because all VA grant programs, including
SSG Fox SPGP, are subject to part 50, VA revises 38 CFR 78.130 to refer
to part 50 rather than restate the provisions of part 50. Thus, in the
event that part 50 is further amended, VA would not need to amend part
78. VA does not regard notice and comment on this change as necessary
because the public was already given notice and an opportunity to
comment as part of the rulemaking to amend part 50.
Changes to 38 CFR 78.140
Section 78.140 describes financial management and administrative
costs related to this grant program. Paragraph (d) limits the
administrative costs to no more than 10 percent of the total amount of
the suicide prevention services grant. While 2 CFR 200.414(c) requires
that negotiated rates for indirect costs (also commonly referred to as
administrative costs) between one Federal awarding agency and a grantee
must be accepted by all Federal awarding agencies, Federal agencies are
able to use different rates when authorized by statute or regulation.
See 2 CFR 200.414(c)(1).
Pursuant to such exception, VA promulgated the 10 percent limit on
administrative costs at 38 CFR 78.140(d). However, VA has found that
capping the administrative costs at 10 percent results in certain
unintended consequences. Through the application process, VA has found
that numerous organizations receive funding from other Federal agencies
for the provision or coordination of the provision of similar services
that are provided under the instant grant program. Those organizations
have various rates determined by a negotiated Federal indirect cost
rate (IDCR) that may be higher or lower than 10 percent. For example,
after reviewing whether current grantees received funding from other
Federal agencies, VA identified that 31 of the 80 current grantees have
[[Page 62662]]
a negotiated Federal IDCR that is higher than 10 percent.
As a result, such organizations have internally operationalized
such rates. VA's 10 percent limit may negatively impact those
organizations who have an IDCR higher than 10 percent, particularly as
such organizations may not have additional funds for administrative
costs due to the operationalization of the higher rate they have
established with other Federal agencies for the provision or
coordination of similar services. VA is thus concerned that limiting
administrative costs to 10 percent may disrupt organizations' provision
or coordination of the provision of services authorized under the
instant grant program and those similar services that may be provided
or coordinated by the organization pursuant to funding awarded by
another Federal agency.
Additionally, VA is concerned that this 10 percent cap may result
in some organizations, who have an IDCR higher than 10 percent,
deciding not to apply for a suicide prevention services grant. This
could limit the number of organizations to which VA could provide funds
under this instant grant program, including those organizations that
have current and/or past experience providing and/or coordinating the
services authorized under this grant program.
Removing this limit of 10 percent and applying the rate that an
organization has negotiated with another Federal agency pursuant to 2
CFR 200.414(c) will ensure that VA aligns with other Federal agencies
who provide funds to organizations for the similar type of services
that are authorized under this instant grant program.
For these reasons, VA amends 38 CFR 78.140 by revising the first
sentence of paragraph (d) to state that costs for administration by a
grantee will be consistent with 2 CFR part 200. VA would not reference
the specific section of part 200 as that is subject to change. The rest
of paragraph (d) that further describes administrative costs remains as
is. This change will effectively allow more applicants to apply for and
potentially receive grants under this program.
This change is within VA's discretion under section 201(f)(1) of
the Act, which permits VA to require such commitments and information
as the Secretary considers necessary to carry out section 201. Section
201 of the Act also does not place limits on the percentage of the
grant funds that may be used for administrative costs. VA makes no
further changes to 38 CFR 78.140.
Changes to References to Office of Management and Budget (OMB) Control
Numbers
Sections 78.10, 78.15, 78.95, 78.125, and 78.145 include
information collections subject to the Paperwork Reduction Act. When
the interim final rule published, these information collections had not
yet been approved by OMB. In Sec. Sec. 78.10, 78.15, 78.95, 78.125,
and 78.145, VA thus included language noting that the Office of
Management and Budget had approved the information collection
provisions in this section, but it did not identify specific control
numbers. However, these information collections have since been
approved and designated with control numbers. VA now revises the
language in Sec. Sec. 78.10, 78.15, 78.95, 78.125, and 78.145 to state
that OMB has approved the information collection provisions in this
section under control number 2900-0904.
Administrative Procedure Act
VA has considered all relevant input and information contained in
the comments submitted in response to the interim final rule (87 FR
13806) and, for the reasons set forth in the foregoing responses to
those comments, has concluded that no changes to the interim final rule
are warranted based on those comments. However, VA is making minor
changes to the regulation, as explained above, that do not require
notice and comment before implementation. These changes are a logical
outgrowth from the interim final rule, and even if they are not, they
relieve requirements previously established through the interim final
rule, and advance notice and the opportunity to comment is unnecessary
under the terms of 5 U.S.C. 553(b)(B) because the amendments generally
align with the statutory authority and do not create any burdens or
restrictions on grantees under this program. Changes to 38 CFR 78.130
were already effectively subject to notice and comment as well through
the rulemaking to amend part 50, as discussed above. Accordingly, based
upon the authorities and reasons set forth in the interim final rule
(87 FR 13806), as supplemented by the additional reasons provided in
this document in response to comments received and based on the
rationale set forth in this rule, VA is adopting the provisions of the
interim final rule as a final rule with minor changes.
Executive Orders 12866, 13563, and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
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 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rulemaking is a significant regulatory action under Executive Order
12866. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at www.regulations.gov.
Regulatory Flexibility Act
The Secretary hereby certifies that 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 only impact those entities that choose to
participate in the Staff Sergeant Parker Gordon Fox Suicide Prevention
Grant Program. Small entity applicants will not be affected to a
greater extent than large entity applicants. Small entities must elect
to participate. To the extent this final rule would have any impact on
small entities, it would not have an impact on a substantial number of
small entities.
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
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507) requires that
VA
[[Page 62663]]
consider the impact of paperwork and other information collection
burdens imposed on the public. Except for emergency approvals under 44
U.S.C. 3507(j), VA may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. The interim final rule included
provisions constituting new collections of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) that required
approval by OMB (the provisions in the interim final rule are
Sec. Sec. 78.10, 78.15, 78.95, 78.125, and 78.145). Accordingly, under
44 U.S.C. 3507(d), VA submitted a copy of the interim final rule to OMB
for review, and VA requested that OMB approve the collections of
information on an emergency basis. VA did not receive any comments on
the collections of information contained in the interim final rule. OMB
approved the collections of information under control number 2900-0904.
Assistance Listing
The Assistance Listing numbers and titles for the programs affected
by this document are 64.055, VA Suicide Prevention Program.
Congressional Review Act
Pursuant to subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not satisfying the criteria under 5 U.S.C.
804(2).
List of Subjects in 38 CFR Part 78
Administrative practice and procedure, Grant programs--health,
Grant programs--veterans, Grant programs--suicide prevention, Health
care, Mental health programs, Reporting and recordkeeping requirements,
Suicide prevention, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on July 23, 2024, 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.
Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the interim final rule
amending 38 CFR chapter 1 by adding part 78, which was published at 87
FR 13806 (March 10, 2022) and amended by 87 FR 16101 (March 22, 2022),
is adopted as a final rule with the following changes:
PART 78--STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT
PROGRAM
0
1. The authority citation for part 78 continues to read as follows:
Authority: 38 U.S.C. 501, 38 U.S.C. 1720F (note), sec. 201,
Pub. L. 116-171, and as noted in specific sections.
0
2. Amend part 78 by removing the term ``2900-TBD'' wherever it appears
and adding in its place ``2900-0904''.
Sec. 78.50 [Amended]
0
3. Amend Sec. 78.50 by:
0
a. In paragraph (a), removing the term ``participants'' and in adding
its place ``eligible individuals''.
0
b. Removing paragraph (c) and redesignating paragraph (d) as paragraph
(c).
0
c. In newly redesignated paragraph (c), removing the term
``participants'' and adding in its place ``eligible individuals''.
Sec. 78.95 [Amended]
0
4. Amend Sec. 78.95(b) by removing the term ``participants'' and
adding in its place ``eligible individuals''.
0
5. Revise Sec. 78.130 to read as follows:
Sec. 78.130 Faith-based organizations.
Organizations that are faith-based are eligible, on the same basis
as any other organization, to participate in SSG Fox SPGP under this
part in accordance with 38 CFR part 50.
0
6. Amend Sec. 78.140 by revising the first sentence of paragraph (d)
to read as follows:
Sec. 78.140 Financial management and administrative costs.
* * * * *
(d) Costs for administration by a grantee will be consistent with 2
CFR part 200. * * *
[FR Doc. 2024-16586 Filed 7-31-24; 8:45 am]
BILLING CODE 8320-01-P