Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program, 62659-62663 [2024-16586]

Download as PDF 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 requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, Braille, large print, audiotape, compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other Department documents published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access Department documents published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Nasser Paydar, Assistant Secretary for Postsecondary Education. BILLING CODE 4000–01–P ddrumheller on DSK120RN23PROD with RULES1 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. VerDate Sep<11>2014 16:00 Jul 31, 2024 Jkt 262001 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. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 62659 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 E:\FR\FM\01AUR1.SGM 01AUR1 ddrumheller on DSK120RN23PROD with RULES1 62660 Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Rules and Regulations 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 VerDate Sep<11>2014 16:00 Jul 31, 2024 Jkt 262001 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 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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). E:\FR\FM\01AUR1.SGM 01AUR1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Rules and Regulations 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 VerDate Sep<11>2014 16:00 Jul 31, 2024 Jkt 262001 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 62661 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 E:\FR\FM\01AUR1.SGM 01AUR1 ddrumheller on DSK120RN23PROD with RULES1 62662 Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Rules and Regulations 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. VerDate Sep<11>2014 16:00 Jul 31, 2024 Jkt 262001 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01AUR1.SGM 01AUR1 Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Rules and Regulations 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 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM 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]


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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.

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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
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