Implementation of HAVANA Act of 2021, 102701-102703 [2024-29993]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102701
khammond on DSK9W7S144PROD with RULES
increased authorities permanent
through this rulemaking.
Regulatory Flexibility Act
The Regulatory Flexibility Act
(‘‘RFA’’), 5 U.S.C. 601, et seq., requires
administrative agencies to consider the
effect of their actions on small
businesses, small organizations, and
small governmental jurisdictions.
Pursuant to the RFA, when an agency
issues a proposed rulemaking, it must
prepare and make available for public
comment an initial regulatory flexibility
analysis to address the impact of the
rule on small entities. SBA published a
notice of proposed rulemaking on
October 24, 2024, with comments due
on or before November 25, 2024, and
received 10 supportive comments and
no opposing comment. Section 605 of
the RFA allows an agency to certify a
rule, in lieu of preparing an analysis, if
the rulemaking is not expected to have
a significant economic impact on a
substantial number of small entities.
The rulemaking will have a positive
impact and will be beneficial for all ALP
CDCs. By making permanent the
temporary increased delegated
authorities available under the ALP
Express Pilot program this rulemaking
will improve the approval time of 504
loan applications for loans in an amount
of $500,000 or less.
Between FY 2022 (June 27, 2022) and
FY 2025 (October 31, 2024) SBA
approved 4,971 non-ALP Express loans
of $500,000 or less, for a total dollar
amount of $1,511,075,000. In the same
period SBA approved 2,364 ALP
Express and ALP Express Pilot loans for
a total dollar amount of $1,283,386,000.
The total number of approved 504 loans
of $500,000 or less over this period was
7,335 loans, in the amount of
$2,794,461,000. Based on the total 504
loans of $500,000 or less approved since
ALP Express implementation, ALP
CDCs have demonstrated success in
processing and servicing loans using
their increased ALP Express delegated
authority. In addition, since ALP
Express implementation, there have
been no instances of ALP Express loans
in default or in liquidation.
SBA estimates the burden for
completing SBA Form 1244,
‘‘Application For Section 504 Loans’’,
including time for reviewing
instructions, gathering data and
documentation needed, and completing
and reviewing the form, is 2.5 hours.
SBA will not need to change SBA Form
1244 as a result of this rulemaking. SBA
anticipates the final rule will increase
the number of CDCs making loans of
$500,000 or less and increase the
number of approved 504 program loans
VerDate Sep<11>2014
15:22 Dec 17, 2024
Jkt 265001
as a whole. The ALP Express Pilot
added no additional cost burdens to
SBA, CDCs, or small business borrowers
and there were minimal changes to SBA
forms. SBA used existing staff to
implement the Pilot. No further changes
to SBA forms or staffing levels are
anticipated to make permanent the ALP
Express increased delegated authorities.
Finally, the ALP Express Pilot cohort of
loans had no defaults and no
liquidations. SBA will continue to
monitor the risk of this cohort to SBA’s
504 portfolio going forward.
With respect to the electronic
Debenture change, SBA currently must
appoint a Trustee to maintain physical
possession of 504 Debentures for SBA
and the Certificate holders. In practice,
this requirement limits CDCs, and
indirectly SBA borrowers, to executing
only physical paper Debentures and
prohibits the adoption of electronic
Debentures and all their corresponding
advantages and efficiencies. A revision
to the requirements set forth in 13 CFR
120.953(c) will authorize SBA to
maintain possession of electronic (or
digital) versions of 504 Debentures,
thereby streamlining the loan closing
process and lowering costs for CDCs and
SBA borrowers
Based on the foregoing, the
Administrator of the SBA hereby
certifies that this rulemaking will not
have a significant economic impact on
a substantial number of small
businesses. The SBA invited comments
from the public on the certification for
the proposed rule. SBA did not receive
any objections to its certification.
Congressional Review Act
This rule has been determined not to
meet the criteria set forth in 5 U.S.C.
804(2). SBA will submit the rule to
Congress and the Government
Accountability Office consistent with
the Congressional Review Act’s
requirements.
List of Subjects in 13 CFR Part 120
Administrative practice and
procedure, Banks, Banking, Business
and industry, Child support,
Community development, Confidential
business information, Credit, Disaster
assistance, Employee benefit plans,
Energy conservation, Environmental
protection, Equal employment
opportunity, Exports, Flood insurance,
Flood plains, Foreign trade, Fraud,
Individuals with disabilities, Lead
poisoning, Loan programs—business,
Loan programs—energy, Loan
programs—veterans, Reporting and
recordkeeping requirements, Small
businesses, Solar energy, Trusts and
trustees, Veterans.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
Accordingly, for the reasons stated in
the preamble, SBA amends 13 CFR part
120 as follows:
PART 120—BUSINESS LOANS
1. The authority citation for part 120
continues to read as follows:
■
Authority: 15 U.S.C. 634(b)(6), (b)(7),
(b)(14), (h), and note, 636(a), (h) and (m), 650,
687(f), 696(3) and (7), and 697(a) and (e); sec.
521, Pub. L. 114–113, 129 Stat. 2242; sec.
328(a), Pub. L. 116–260, 134 Stat. 1182.
2. Amend § 120.802 by revising the
definition of Debenture to read as
follows:
■
§ 120.802
Definitions.
*
*
*
*
*
Debenture is an obligation issued by
a CDC and guaranteed 100 percent by
SBA, the proceeds of which are used to
fund a 504 loan. SBA, in its discretion,
may authorize either paper or electronic
Debentures.
*
*
*
*
*
■ 3. Amend § 120.842 by revising
paragraph (a) and removing paragraph
(d) to read as follows:
§ 120.842
ALP Express Loans.
(a) Definition. For the purposes of this
section, an ALP Express Loan means a
504 loan in an amount that is not more
than $500,000 and which is
underwritten, approved, closed and
serviced using the authorities set forth
in this section.
*
*
*
*
*
■ 4. Amend § 120.953 by revising
paragraph (c) to read as follows:
§ 120.953
Trustee.
*
*
*
*
*
(c) Hold in trust paper Debentures
composing a Debenture Pool for the
benefit of SBA and the Certificate
holders;
*
*
*
*
*
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2024–29706 Filed 12–17–24; 8:45 am]
BILLING CODE 8026–09–P
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 3
[Docket No. 241210–0320]
RIN 0605–AA64
Implementation of HAVANA Act of
2021
AGENCY:
E:\FR\FM\18DER1.SGM
Department of Commerce.
18DER1
102702 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations
ACTION:
Final rule.
This rule implements the
HAVANA Act of 2021 (the Act) for the
Department of Commerce (Department).
The Act provides the authority for the
Secretary of Commerce and other
agency heads to provide payments to
certain individuals who have incurred
qualifying injuries to the brain. The rule
covers current and former Department
employees and dependents of current or
former employees.
DATES: This final rule is effective
December 18, 2024.
ADDRESSES: Public comments and
materials associated with this final rule
are available through the Federal
eRulemaking Portal at https://
www.Regulations.gov, Docket No. DOC–
2023–0001.
FOR FURTHER INFORMATION CONTACT:
Charles Cutshall, Chief Privacy Officer,
at 202–482–5735 or ccutshall@doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This rule implements the Helping
American Victims Affected by
Neurological Attacks (HAVANA) Act of
2021, Public Law 117–46, codified in 22
U.S.C. 2680b(i), which (among other
things) required Department heads to
prescribe regulations implementing the
HAVANA Act for covered individuals.
The Department published an interim
final rule (IFR) on April 19, 2023 (88 FR
24110), which laid out the process for
HAVANA Act claimants to submit
claims for payment for a qualifying
injury to the brain suffered by current
and former employees of the
Department, and dependents of current
or former employees. Under the IFR, the
criteria for a qualifying injury to the
brain are based on current medical
practices related to brain injuries.
Further, the injury must have occurred
in connection with certain hostile acts
or other incidents designated by the
Secretary of State or the Secretary of
Commerce. Further background is
contained in the preamble to the IFR.
The IFR provided for 30 days of public
comment, and the Department provides
responses to those comments below.
khammond on DSK9W7S144PROD with RULES
Responses to Comments
The Department received a total of
eight public comment submissions in
response to the IFR. Many comments
provided input on multiple subjects.
The Department received identical
comment submissions from four
commentors. All comments are
addressed below.
Several commentors focused on the
Department’s definition of ‘‘qualifying
VerDate Sep<11>2014
15:22 Dec 17, 2024
Jkt 265001
injury to the brain.’’ First, numerous
commentors urged the Department to
adopt a broad definition of a ‘‘qualifying
injury to the brain.’’ Under the IFR,
individuals may be eligible for a
HAVANA Act payment if they meet one
of three criteria under the definition of
‘‘qualifying injury to the brain’’: (1) An
acute injury to the brain such as, but not
limited to, a concussion, penetrating
injury, or as the consequence of an
event that leads to permanent
alterations in brain function as
demonstrated by confirming correlative
findings on imaging studies (to include
computed tomography scan (CT), or
magnetic resonance imaging scan
(MRI)), or electroencephalogram (EEG);
or (2) A medical diagnosis of a traumatic
brain injury (TBI) that required active
medical treatment for 12 months or
more; or (3) acute onset of new
persistent, disabling neurologic
symptoms as demonstrated by
confirming correlative findings on
imaging studies (to include CT or MRI),
or EEG, or physical exam, or other
appropriate testing, and that required
active medical treatment for 12 months
or more.
The Department believes that this
definition is broad and flexible enough
to cover a wide range of brain injuries.
The Department also notes that this
definition is consistent with regulations
issued by the State Department (Jan. 25,
2023, at 88 FR 4722). Therefore, this
final rule does not change the IFR
definition of ‘‘qualifying injury to the
brain.’’
Multiple comments requested that the
Department remove the requirement
that an individual receive 12 months of
active medical treatment before they are
eligible for a HAVANA Act payment. Of
the three criteria for a qualifying brain
injury, as set forth above, only (2) and
(3) require 12 months of treatment.
Under (1), 12 months of treatment is not
required if an individual demonstrates
permanent alterations in brain function
with confirming correlative findings on
imaging studies. The Department
believes that the requirement for 12
months of treatment, which is
consistent with State Department
regulations (Jan. 25, 2023, at 88 FR
4722), demonstrates that an individual
suffers from a chronic condition even if
that individual does not demonstrate a
permanent condition. Further, even if a
covered individual has not yet received
12-months or more of treatment as
outlined in (2) or (3), the covered
individual may nevertheless qualify at a
later time if treatment lasts for twelve
months or more.
A number of comments asked that the
Department establish an eligibility
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
threshold for benefits that does not rest
in whole or in part on the
contemporaneous diagnosis of a brain
injury. Instead, the commentors urged
the Department to allow claimants to
establish eligibility based on the
presence of one or more of the
symptoms that have come to be
associated with Anomalous Head
Injuries. The Department does not
believe that it is appropriate to grant
claims without appropriate medical
documentation of a qualifying injury to
the brain. The Department also notes
that the standard that it uses to
determine payment eligibility is
consistent with the standard used by the
Department of State.
One comment asked that the
Department recognize a ‘‘qualifying
brain injury’’ even when an individual
is receiving ongoing treatment; or the
treatment was ‘‘split up’’ or the
individual was diagnosed years later.
Nothing in the IFR prevents the
payment of compensation under such
circumstances, provided that the
definition of a ‘‘qualifying brain injury’’
is otherwise met.
One comment focused on the date of
the injury, expressing a belief that the
Department should compensate
individuals who suffered qualifying
injuries prior to January 1, 2016. The
Department is unable to accept this
suggestion. The HAVANA Act specifies
that payments are for injuries occurring
on or after January 1, 2016. The
Department does not have the authority
to provide payments for injuries
occurring prior to that date without an
amendment to the HAVANA Act or
additional legislative action.
In addition to the comments
discussed above concerning the
Department’s definition of a ‘‘qualifying
brain injury,’’ multiple comments urged
that the final rule incorporate some
mechanism to facilitate changes to the
Department’s framework for
determining eligibility for payment
based on science or diagnostic
breakthroughs. The Department declines
to incorporate such a mechanism into
this final rule but may conduct
rulemaking in the future in accordance
with existing laws and regulations,
should circumstances so dictate.
One comment urged the Department
to provide reasons for a denial of
requests for benefits to a claimant and
develop a meaningful appeals process
that employees can use in the event of
a denial of benefits. Under the IFR, the
Department already provides claimants
who have been denied a payment with
the reason for the denial. Additionally,
the Department believes that its current
appeals process, which provides for
E:\FR\FM\18DER1.SGM
18DER1
Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102703
higher-level review of any denial, offers
adequate and meaningful review of
denials.
One comment, seeking to ensure
greater transparency about the
Department’s decision-making process,
raised concerns with the use of nonpublic information maintained by the
State Department in the Department’s
consultation process with the State
Department. Consultation with the State
Department may assist the Department
in determining, in part, a claimant’s
eligibility for benefits under the
HAVANA Act. In particular, because a
qualifying injury to the brain must have
occurred in connection with war,
insurgency, hostile act, terrorist activity,
or other incidents designated by the
Secretary of State or the Secretary of
Commerce, consultation with the State
Department may assist in determining
whether an injury is connected to an
incident designated by the Secretary of
State. However, the State Department,
not the Department of Commerce,
determines whether such information is
administratively controlled or made
publicly available.
Regulatory Analysis
Administrative Procedure Act
Because this rule is a matter relating
to agency management or personnel or
to public property, loans, grants,
benefits, or contracts, it is exempt from
the requirements of 5 U.S.C. 553. See 5
U.S.C. 553(a)(2). Furthermore, because
this final rule does not change the
regulatory provisions previously
implemented by the IFR, a delay in
effective date is unnecessary and
therefore the Department finds good
cause for this rule to take effect
immediately. Furthermore, because this
final rule does not change the regulatory
provisions previously implemented by
the IFR, a delay in effective date is
unnecessary and therefore the
Department finds good cause for this
rule to take effect immediately. See 5
U.S.C. 553 (d)(3).
Flexibility Act (5 U.S.C. 601, et seq.),
and none has been prepared.
Executive Order 12866 and Executive
Order 13563
This rule has been determined to be
a significant regulatory action under
Executive Order 12866, as amended by
Executive Order 14094.
The Department has reviewed the rule
to ensure its consistency with the
regulatory philosophy and principles set
forth in Executive Order 12866 and
finds that the benefits of the rule (in
providing mechanisms for individuals
to obtain compensation for certain
injuries) outweigh any costs to the
public. The Department has also
considered this rulemaking in light of
Executive Order 13563 and affirms that
this proposed regulation is consistent
with the guidance therein.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501,
et seq.) (PRA), the information
collection associated with this final rule
was approved by the Office of
Management and Budget (OMB) under
OMB Control Number 0690–0037.
Notwithstanding any other provision of
the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
Accordingly, the Department of
Commerce adopts the interim rule
published April 19, 2023, at 88 FR
24110, as final without change.
Dated: December 13, 2024.
Jeremy Pelter,
Deputy Assistant Secretary for
Administration, performing the non-exclusive
functions and duties of the Chief Financial
Officer and Assistant Secretary of Commerce
for Administration, U.S. Department of
Commerce.
[FR Doc. 2024–29993 Filed 12–17–24; 8:45 am]
BILLING CODE 3510–17–P
khammond on DSK9W7S144PROD with RULES
Regulatory Flexibility Act
The Chief Counsel for Regulations for
the Department certified that this
rulemaking does not have a significant
impact on a substantial number of small
entities. This rule applies only to certain
individuals who are current and former
Department employees and family
members who are eligible for payments
as a result of certain injuries. The rule
provides for payments to certain
individuals and is not expected to
impact any small entities. As a result, a
regulatory flexibility analysis is not
required under the Regulatory
VerDate Sep<11>2014
15:22 Dec 17, 2024
Jkt 265001
DEPARTMENT OF COMMERCE
15 CFR Part 29
[Docket No. 241211–0323]
RIN 0605–AA57
Promoting the Rule of Law Through
Improved Agency Guidance
Documents Rescission
Department of Commerce.
Final rule.
AGENCY:
ACTION:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
This final rule rescinds the
Department’s regulations on guidance
document procedures in accordance
with a 2021 Executive order to revoke
previous Executive orders concerning
Federal regulation.
DATES: This final rule is effective
December 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Xenia Kler, Office of the Assistant
General Counsel for Legislation and
Regulation, 202–482–5354, or via email
xkler1@doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Executive Order 13891, ‘‘Promoting
the Rule of Law Through Improved
Agency Guidance Documents,’’ sought
to ensure that when Federal agencies
issue guidance documents, the agencies:
do not treat those guidance documents
alone as imposing binding obligations
both in law and in practice, except as
incorporated into a contract; take public
input into account in formulating
significant guidance documents; and
make guidance documents readily
available to the public. (84 FR 55235,
Oct. 15, 2019). On September 28, 2020,
the Department issued an interim final
rule, ‘‘Promoting the Rule of Law
Through Improved Agency Guidance
Documents’’ to implement E.O. 13891.
(85 FR 60694). The interim final rule
established 15 CFR part 29 for guidance
document procedures, procedures for
withdrawal or modification requests
from the public, and procedures for
significant guidance documents.
On January 20, 2021, President Biden
issued E.O. 13992, ‘‘Revocation of
Certain Executive Orders Concerning
Federal Regulation,’’ revoking a number
of Executive orders including E.O.
13891. (86 FR 7049, Jan. 25, 2021). E.O.
13992 directs agencies ‘‘to rescind any
orders, rules, regulations, guidelines, or
policies, or portions thereof,
implementing or enforcing the revoked
Executive orders.’’
After review and consideration, the
Department concluded that its rule on
guidance documents deprives the
Department of necessary flexibility in
determining when and how best to issue
guidance based on particular facts and
circumstances consistent with the
policy directive in E.O. 13992.
Therefore, the Department is issuing
this final rule to rescind its regulations
at 15 CFR part 29. The Department will
continue to pursue ways to make its
guidance documents more accessible to
the public. Additionally, in accordance
with M–09–13, ‘‘Guidance for
Regulatory Review,’’ the Office of
Management and Budget will continue
E:\FR\FM\18DER1.SGM
18DER1
]]>Agencies
[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Rules and Regulations]
[Pages 102701-102703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29993]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 3
[Docket No. 241210-0320]
RIN 0605-AA64
Implementation of HAVANA Act of 2021
AGENCY: Department of Commerce.
[[Page 102702]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements the HAVANA Act of 2021 (the Act) for the
Department of Commerce (Department). The Act provides the authority for
the Secretary of Commerce and other agency heads to provide payments to
certain individuals who have incurred qualifying injuries to the brain.
The rule covers current and former Department employees and dependents
of current or former employees.
DATES: This final rule is effective December 18, 2024.
ADDRESSES: Public comments and materials associated with this final
rule are available through the Federal eRulemaking Portal at https://www.Regulations.gov, Docket No. DOC-2023-0001.
FOR FURTHER INFORMATION CONTACT: Charles Cutshall, Chief Privacy
Officer, at 202-482-5735 or [email protected].
SUPPLEMENTARY INFORMATION:
Background
This rule implements the Helping American Victims Affected by
Neurological Attacks (HAVANA) Act of 2021, Public Law 117-46, codified
in 22 U.S.C. 2680b(i), which (among other things) required Department
heads to prescribe regulations implementing the HAVANA Act for covered
individuals. The Department published an interim final rule (IFR) on
April 19, 2023 (88 FR 24110), which laid out the process for HAVANA Act
claimants to submit claims for payment for a qualifying injury to the
brain suffered by current and former employees of the Department, and
dependents of current or former employees. Under the IFR, the criteria
for a qualifying injury to the brain are based on current medical
practices related to brain injuries. Further, the injury must have
occurred in connection with certain hostile acts or other incidents
designated by the Secretary of State or the Secretary of Commerce.
Further background is contained in the preamble to the IFR. The IFR
provided for 30 days of public comment, and the Department provides
responses to those comments below.
Responses to Comments
The Department received a total of eight public comment submissions
in response to the IFR. Many comments provided input on multiple
subjects. The Department received identical comment submissions from
four commentors. All comments are addressed below.
Several commentors focused on the Department's definition of
``qualifying injury to the brain.'' First, numerous commentors urged
the Department to adopt a broad definition of a ``qualifying injury to
the brain.'' Under the IFR, individuals may be eligible for a HAVANA
Act payment if they meet one of three criteria under the definition of
``qualifying injury to the brain'': (1) An acute injury to the brain
such as, but not limited to, a concussion, penetrating injury, or as
the consequence of an event that leads to permanent alterations in
brain function as demonstrated by confirming correlative findings on
imaging studies (to include computed tomography scan (CT), or magnetic
resonance imaging scan (MRI)), or electroencephalogram (EEG); or (2) A
medical diagnosis of a traumatic brain injury (TBI) that required
active medical treatment for 12 months or more; or (3) acute onset of
new persistent, disabling neurologic symptoms as demonstrated by
confirming correlative findings on imaging studies (to include CT or
MRI), or EEG, or physical exam, or other appropriate testing, and that
required active medical treatment for 12 months or more.
The Department believes that this definition is broad and flexible
enough to cover a wide range of brain injuries. The Department also
notes that this definition is consistent with regulations issued by the
State Department (Jan. 25, 2023, at 88 FR 4722). Therefore, this final
rule does not change the IFR definition of ``qualifying injury to the
brain.''
Multiple comments requested that the Department remove the
requirement that an individual receive 12 months of active medical
treatment before they are eligible for a HAVANA Act payment. Of the
three criteria for a qualifying brain injury, as set forth above, only
(2) and (3) require 12 months of treatment. Under (1), 12 months of
treatment is not required if an individual demonstrates permanent
alterations in brain function with confirming correlative findings on
imaging studies. The Department believes that the requirement for 12
months of treatment, which is consistent with State Department
regulations (Jan. 25, 2023, at 88 FR 4722), demonstrates that an
individual suffers from a chronic condition even if that individual
does not demonstrate a permanent condition. Further, even if a covered
individual has not yet received 12-months or more of treatment as
outlined in (2) or (3), the covered individual may nevertheless qualify
at a later time if treatment lasts for twelve months or more.
A number of comments asked that the Department establish an
eligibility threshold for benefits that does not rest in whole or in
part on the contemporaneous diagnosis of a brain injury. Instead, the
commentors urged the Department to allow claimants to establish
eligibility based on the presence of one or more of the symptoms that
have come to be associated with Anomalous Head Injuries. The Department
does not believe that it is appropriate to grant claims without
appropriate medical documentation of a qualifying injury to the brain.
The Department also notes that the standard that it uses to determine
payment eligibility is consistent with the standard used by the
Department of State.
One comment asked that the Department recognize a ``qualifying
brain injury'' even when an individual is receiving ongoing treatment;
or the treatment was ``split up'' or the individual was diagnosed years
later. Nothing in the IFR prevents the payment of compensation under
such circumstances, provided that the definition of a ``qualifying
brain injury'' is otherwise met.
One comment focused on the date of the injury, expressing a belief
that the Department should compensate individuals who suffered
qualifying injuries prior to January 1, 2016. The Department is unable
to accept this suggestion. The HAVANA Act specifies that payments are
for injuries occurring on or after January 1, 2016. The Department does
not have the authority to provide payments for injuries occurring prior
to that date without an amendment to the HAVANA Act or additional
legislative action.
In addition to the comments discussed above concerning the
Department's definition of a ``qualifying brain injury,'' multiple
comments urged that the final rule incorporate some mechanism to
facilitate changes to the Department's framework for determining
eligibility for payment based on science or diagnostic breakthroughs.
The Department declines to incorporate such a mechanism into this final
rule but may conduct rulemaking in the future in accordance with
existing laws and regulations, should circumstances so dictate.
One comment urged the Department to provide reasons for a denial of
requests for benefits to a claimant and develop a meaningful appeals
process that employees can use in the event of a denial of benefits.
Under the IFR, the Department already provides claimants who have been
denied a payment with the reason for the denial. Additionally, the
Department believes that its current appeals process, which provides
for
[[Page 102703]]
higher-level review of any denial, offers adequate and meaningful
review of denials.
One comment, seeking to ensure greater transparency about the
Department's decision-making process, raised concerns with the use of
non-public information maintained by the State Department in the
Department's consultation process with the State Department.
Consultation with the State Department may assist the Department in
determining, in part, a claimant's eligibility for benefits under the
HAVANA Act. In particular, because a qualifying injury to the brain
must have occurred in connection with war, insurgency, hostile act,
terrorist activity, or other incidents designated by the Secretary of
State or the Secretary of Commerce, consultation with the State
Department may assist in determining whether an injury is connected to
an incident designated by the Secretary of State. However, the State
Department, not the Department of Commerce, determines whether such
information is administratively controlled or made publicly available.
Regulatory Analysis
Administrative Procedure Act
Because this rule is a matter relating to agency management or
personnel or to public property, loans, grants, benefits, or contracts,
it is exempt from the requirements of 5 U.S.C. 553. See 5 U.S.C.
553(a)(2). Furthermore, because this final rule does not change the
regulatory provisions previously implemented by the IFR, a delay in
effective date is unnecessary and therefore the Department finds good
cause for this rule to take effect immediately. Furthermore, because
this final rule does not change the regulatory provisions previously
implemented by the IFR, a delay in effective date is unnecessary and
therefore the Department finds good cause for this rule to take effect
immediately. See 5 U.S.C. 553 (d)(3).
Regulatory Flexibility Act
The Chief Counsel for Regulations for the Department certified that
this rulemaking does not have a significant impact on a substantial
number of small entities. This rule applies only to certain individuals
who are current and former Department employees and family members who
are eligible for payments as a result of certain injuries. The rule
provides for payments to certain individuals and is not expected to
impact any small entities. As a result, a regulatory flexibility
analysis is not required under the Regulatory Flexibility Act (5 U.S.C.
601, et seq.), and none has been prepared.
Executive Order 12866 and Executive Order 13563
This rule has been determined to be a significant regulatory action
under Executive Order 12866, as amended by Executive Order 14094.
The Department has reviewed the rule to ensure its consistency with
the regulatory philosophy and principles set forth in Executive Order
12866 and finds that the benefits of the rule (in providing mechanisms
for individuals to obtain compensation for certain injuries) outweigh
any costs to the public. The Department has also considered this
rulemaking in light of Executive Order 13563 and affirms that this
proposed regulation is consistent with the guidance therein.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.) (PRA), the information collection associated with this
final rule was approved by the Office of Management and Budget (OMB)
under OMB Control Number 0690-0037. Notwithstanding any other provision
of the law, no person is required to respond to, nor shall any person
be subject to a penalty for failure to comply with, a collection of
information subject to the requirements of the PRA, unless that
collection of information displays a currently valid OMB Control
Number.
Accordingly, the Department of Commerce adopts the interim rule
published April 19, 2023, at 88 FR 24110, as final without change.
Dated: December 13, 2024.
Jeremy Pelter,
Deputy Assistant Secretary for Administration, performing the non-
exclusive functions and duties of the Chief Financial Officer and
Assistant Secretary of Commerce for Administration, U.S. Department of
Commerce.
[FR Doc. 2024-29993 Filed 12-17-24; 8:45 am]
BILLING CODE 3510-17-P
