[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Rules and Regulations]
[Pages 25233-25235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10358]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 77
RIN 2900-AP07
Grants for Adaptive Sports Programs for Disabled Veterans and
Disabled Members of the Armed Forces
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This final rule amends Department of Veterans Affairs (VA)
regulations to establish a new program to provide grants to eligible
entities to provide adaptive sports activities to disabled veterans and
disabled members of the Armed Forces. This rulemaking is necessary to
implement a change in the law that authorizes VA to make grants to
entities other than the United States Olympic Committee for adaptive
sports programs. It establishes procedures for evaluating grant
applications under this grant program, and otherwise administering the
grant program. This rule implements section 5 of the VA Expiring
Authorities Extension Act of 2013.
DATES: Effective Date: This final rule is effective May 4, 2015.
FOR FURTHER INFORMATION CONTACT: Michael F. Welch, Program Specialist,
Office of National Veterans Sports Programs and Special Events (002C),
Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC
20420, (202) 632-7136. (This is not a toll-free number).
SUPPLEMENTARY INFORMATION: VA is required by 38 U.S.C. 521A to ``carry
out a program under which the Secretary may make grants to eligible
entities for planning, developing, managing, and implementing programs
to provide adaptive sports opportunities for disabled veterans and
disabled members of the Armed Forces.'' On July 1, 2014, VA published
an interim final rule in the Federal Register, 79 FR 37211,
establishing regulations for conducting the grant program including
evaluation of grant applications and otherwise administering the grant
program in accordance with the law.
Interested persons were invited to submit written comments on or
before September 2, 2014. We received two comments on the interim final
rule from two individuals. One commenter praised the adaptive sports
programs described in the interim final rule, noting that they ``would
be beneficial in so many ways'' for disabled veterans, and stated that
taking care of veterans ``should be one of the highest, if not the
[[Page 25234]]
highest, priorities of our government.'' We agree that these programs
are very beneficial to disabled veterans and appreciate the comment.
Another commenter also stated that adaptive sports programs would
be beneficial for disabled veterans and urged the Federal government to
``provide ways for these people to enjoy live [sic] to their fullest.''
The commenter noted that these programs will help them reintegrate into
society. We agree with the commenter these programs are beneficial and
VA will continue to explore ways to improve the lives of disabled
veterans. However, VA does not make any changes based on the submitted
comments.
We are making a minor technical correction. The interim final rule
text failed to include an authority citation. Therefore, we are adding
the authority citation in this final rule.
For the reasons stated above, the interim final rule is adopted
with change.
Effect of Rulemaking
The Code of Federal Regulations, as revised by this rulemaking,
represents the exclusive legal authority on this subject. No contrary
rules or procedures will be authorized. All VA guidance will be read to
conform with this rulemaking if possible or, if not possible, such
guidance will be superseded by this rulemaking.
Administrative Procedure Act
In the interim final rule, 79 FR 37211, 37216, VA cited section 5
of Public Law 113-59 (December 20, 2013) as the authority to issue the
rulemaking without prior notice and opportunity to comment. As
previously discussed, VA received two comments. Before issuing this
final rule, VA considered both of the comments which supported the
rulemaking and did not warrant any change to the rulemaking.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (at 44 U.S.C. 3507) requires VA
to consider the impact of paperwork and other information collection
burdens imposed on the public. Under 44 U.S.C. 3507(a), an agency may
not collect or sponsor the collection of information, nor may it impose
an information collection requirement unless it displays a currently
valid Office of Management and Budget (OMB) control number. See also 5
CFR 1320.8(b)(3)(vi).
This final rule contains approved information collections that are
within the scope of OMB control numbers 4040-0004 (formerly 0348-0043)
for Standard Form 424 and 4040-0008 (formerly 0348-0041) for Standard
Form 424C. The final rule also contains provisions that constitute a
new information collection. We summarized and sought public comment on
these provisions, found in Sec. Sec. 77.4, 77.8, 77.9, 77.13, 77.16,
and 77.19, in the interim final rule published in the Federal Register
on July 1, 2014. 79 FR 37211. As required by the Paperwork Reduction
Act of 1995 (at 44 U.S.C. 3507(d)), VA submitted the collection to OMB
for its review. OMB approved the new information collection and
assigned OMB control number 2900-0820.
This final rule updates Sec. Sec. 77.4, 77.8, 77.9, 77.13, 77.16,
and 77.19 by adding this new control number and updates Sec. Sec.
77.4, 77.6, and 77.9 by removing the references to obsolete OMB control
numbers 0348-0041 and 0348-0043 and inserting in their place OMB
control numbers 4040-0008 and 4040-0004, respectively.
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. Due to demographic, economic, infrastructure, and many other
factors, a large percentage of small adaptive sports entities do not
have sufficient participants, programs and outreach to qualify as an
eligible entity under Public Law 113-59. In regions where the disabled
veteran population is small relative to participants needed in the
entity's applicable adaptive sports areas of expertise, an adaptive
sports entity faces constraints in developing a viable grant program.
Therefore, the number of small adaptive sports entities involved will
be few and their existing programs that meet threshold criteria for
eligibility will indicate competence to conduct a viable adaptive
sports grant program. There will be no economic impact on any of the
eligible entities, as they are not required to provide matching funds
to obtain the maximum grant allowance as established under 38 U.S.C.
521A. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt
from the initial and final regulatory flexibility analysis requirements
of sections 603 and 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 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 OMB, unless
OMB waives such review, 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
this Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this final rule have been examined, and it has been
determined not to be a significant regulatory action under Executive
Order 12866. VA's impact analysis can be found as a supporting document
at http://www.regulations.gov, usually within 48 hours after the
rulemaking document is published. Additionally, a copy of the
rulemaking and its impact analysis are available on VA's Web site at
http://www.va.gov/orpm/, by following the link for VA Regulations
Published from FY 2004 through FYTD.
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.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number and title for the
program affected by this document is
[[Page 25235]]
64.034, Grants for Adaptive Sports Programs for Disabled Veterans and
Disabled Members of the Armed Forces.
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. Jose D.
Riojas, Chief of Staff, Department of Veterans Affairs, approved this
document on April 16, 2015, for publication.
List of Subjects in 38 CFR Part 77
Administrative practice and procedure, Grant programs--health,
Grant programs--veterans, Health care, Health facilities, Reporting and
recordkeeping requirements, Travel and transportation expenses,
Veterans.
Dated: April 29, 2015
Jeffrey M. Martin,
Program Manager, Office of Regulation Policy & Management, Office of
the General Counsel, Department of Veterans Affairs.
Accordingly, the interim final rule amending 38 CFR chapter I by
adding a new part 77 that was published at 79 FR 37211 on July 1, 2014,
is adopted as a final rule with the following changes:
PART 77--GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS
AND DISABLED MEMBERS OF THE ARMED FORCES
0
1. The authority citation is added to read as follows:
Authority: 38 U.S.C. 501, 521A, unless otherwise noted.
0
2. In Sec. 77.4, revise the parenthetical at the end of the section to
read as follows:
Sec. 77.4 Applications.
* * * * *
(OMB has approved the information collection requirements in this
section under control numbers 2900-0820, 4040-0004 for Standard Form
424, and 4040-0008 for Standard Form 424C.)
0
3. In Sec. 77.6, revise the parenthetical at the end of the section to
read as follows:
Sec. 77.6 Amendments to grant applications.
* * * * *
(OMB has approved the information collection requirements in this
section under control number 4040-0004 for Standard Form 424 and
4040-0008 for Standard Form 424C.)
0
4. In Sec. 77.8, revise the parenthetical at the end of the section to
read as follows:
Sec. 77.8 Additional requirements and procedures for applications.
* * * * *
(OMB has approved the information collection requirements in this
section under control number 2900-0820.)
0
5. In Sec. 77.9, revise the parenthetical at the end of the section to
read as follows:
Sec. 77.9 Use of pre-applications.
* * * * *
(OMB has approved the information collection requirements in this
section under control numbers 2900-0820, 4040-0004 for Standard Form
424, and 4040-0008 for Standard Form 424C.)
0
6. In Sec. 77.13, revise the parenthetical at the end of the section
to read as follows:
Sec. 77.13 Applications for noncompetitive adaptive sports grants.
* * * * *
(OMB has approved the information collection requirements in this
section under control number 2900-0820.)
0
7. In Sec. 77.16, revise the parenthetical at the end of the section
to read as follows:
Sec. 77.16 Grantee reporting requirements.
* * * * *
(OMB has approved the information collection requirements in this
section under control number 2900-0820.)
0
8. In Sec. 77.19, revise the parenthetical at the end of the section
to read as follows:
Sec. 77.19 Financial management.
* * * * *
(OMB has approved the information collection requirements in this
section under control number 2900-0820.)
[FR Doc. 2015-10358 Filed 5-1-15; 8:45 am]
BILLING CODE 8320-01-P