[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Rules and Regulations]
[Pages 1872-1873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-452]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AO10
Vocational Rehabilitation and Employment Program--Changes to
Subsistence Allowance
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document adopts as final, without change, the interim
final rule amending regulations of the Department of Veterans Affairs
(VA) to reflect changes made by the Post-9/11 Veterans Educational
Assistance Improvements Act of 2010, effective August 1, 2011, that
affect payment of vocational rehabilitation benefits for certain
service-disabled veterans. Pursuant to these changes, a veteran, who is
eligible for a subsistence allowance under chapter 31 of title 38,
United States Code, and educational assistance under chapter 33 of
title 38, United States Code, may participate in a rehabilitation
program under chapter 31 and elect to receive a payment equal in amount
to an applicable military housing allowance payable under title 37,
United States Code, instead of the regular subsistence allowance under
chapter 31. In addition, payments of subsistence allowances during
periods between school terms are discontinued, and payments during
periods of temporary school closings are modified.
DATES: Effective Date: This final rule is effective January 12, 2012.
FOR FURTHER INFORMATION CONTACT: Alvin Bauman, Senior Policy Analyst,
Vocational Rehabilitation and Employment Service (28), Veterans
Benefits Administration, Department of Veterans Affairs, 810 Vermont
Ave. NW., Washington, DC 20420, (202) 461-9600 (not a toll-free
number).
SUPPLEMENTARY INFORMATION: In an interim final rule published in the
Federal Register on August 1, 2011 (76 FR 45697), VA amended Sec. Sec.
21.260 and 21.264 to allow a veteran who is eligible for a chapter 31
subsistence allowance and chapter 33 educational assistance to
participate in a chapter 31 rehabilitation program and elect a
subsistence allowance in an alternate amount, which we referred to as
the Post-9/11 subsistence allowance, in lieu of the amount of the
regular chapter 31 subsistence allowance provided for in Sec.
21.260(b). Among other things, we also amended Sec. 21.270 to
discontinue the payment of subsistence allowance for periods between
school terms.
We provided a 30-day comment period that ended August 31, 2011. No
comments were received. Based on the rationale set forth in the interim
final rule, we adopt the interim final rule as a final rule without
change.
Administrative Procedure Act
This document affirms the amendments made by the interim final rule
that is already in effect. The Secretary of Veterans Affairs concluded
that, under 5 U.S.C. 553(b)(3)(B) and (d)(3), there was good cause to
dispense with advance public notice and opportunity to comment on this
rule and good cause to publish the interim final rule with an immediate
effective date. The Secretary found that it was impracticable and
contrary to the public interest to delay this regulation for the
purpose of soliciting prior public comment. Sections 205 and 206 of
Public Law 111-377 required that certain changes to the rehabilitation
program take effect on August 1, 2011. This interim final rule was
necessary to implement by August 1, 2011, the statutory changes as they
related to chapter 31 subsistence allowance. For instance, Public Law
111-377 did not address how the alternate rate of subsistence allowance
would be calculated in different situations. Allowing veterans to elect
an alternate rate of subsistence allowance ensured that such veterans
would receive the supportive services under chapter 31 to assist them
in the transition from military to civilian careers. Because eligible
veterans could begin to make the election on August 1, 2011, it was
important to have procedures in place by this date to allow veterans to
receive the alternate rate of subsistence allowance authorized under
the law as
[[Page 1873]]
soon as they were able. For these reasons, the Secretary of Veterans
Affairs issued this rule as an interim final rule.
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 given year. This final rule will have no such effect
on State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This final rule does not contain any collections of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this regulatory action 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 regulatory action will affect individuals and will
not affect any small entities. Therefore, pursuant to 5 U.S.C. 605(b),
this regulatory action is exempt from the initial and final regulatory
flexibility analysis requirements of sections 603 and 604.
Executive Orders 13563 and 12866
Executive Orders 13563 and 12866 direct 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 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' which requires review by the Office
of Management and Budget (OMB), as ``any regulatory action that is
likely to result in a rule that may: (1) Have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this regulatory action have been examined and it has
been determined to be a significant regulatory action under Executive
Order 12866.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number and title for the
program that would be affected by this final rule is 64.116, Vocational
Rehabilitation for Disabled Veterans.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on November 1, 2011 for publication.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Education,
Employment, Grant programs--education, Grant programs--veterans, Health
care, Loan programs--education, Loan programs--veterans, Manpower
training programs, Reporting and recordkeeping requirements, Schools,
Travel and transportation expenses, Veterans, Vocational education,
Vocational rehabilitation.
Dated: January 9, 2012.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General
Counsel, Department of Veterans Affairs.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
0
Accordingly, the interim final rule amending 38 CFR part 21, which was
published at 76 FR 45697 on August 1, 2011, is adopted as a final rule
without change.
[FR Doc. 2012-452 Filed 1-11-12; 8:45 am]
BILLING CODE 8320-01-P