80 FR 18116 - Technical Corrections

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range		18116-18117
FR Document		2015-07540

The Department of Veterans Affairs (VA) amends its regulations to remove out-of-date legal citations and add the correct authority. This rulemaking contains only nonsubstantive, technical changes.

Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015)

[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18116-18117]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07540]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AP33


Technical Corrections

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) amends its regulations 
to remove out-of-date legal citations and add the correct authority. 
This rulemaking contains only nonsubstantive, technical changes.

DATES: This rule is effective April 3, 2015.

FOR FURTHER INFORMATION CONTACT: Michael Rasmussen, Consultant, 
Regulations Staff (211D), Compensation Service, Department of Veterans 
Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. 
(This is not a toll-free telephone number.)

SUPPLEMENTARY INFORMATION: On December 2, 2005, VA published a final 
rule removing 38 CFR 3.5(e) and adding 38 CFR 3.10. 70 FR 72211. 
Section 3.10(e)(3) regards payment information for surviving spouses in 
receipt of Dependency and Indemnity Compensation (DIC) and clearly 
contains an erroneous cross reference to Sec.  3.351(f), which regards 
death pension. Therefore, VA is correcting this technical error by 
removing the cross reference to Sec.  3.351(f) and adding, in its 
place, a cross reference to Sec.  3.351(e), the paragraph regarding 
DIC.
    On September 30, 1997, VA published a final rule redesignating 38 
CFR 3.105(h) as Sec.  3.105(i). 62 FR 51274. However, VA failed to 
update the cross reference to Sec.  3.105(h)(1) in 38 CFR 3.655(c)(4). 
Therefore, VA is correcting the cross reference in Sec.  3.655(c)(4) to 
correctly refer to Sec.  3.105(i)(1).
    Lastly, on December 29, 2006, VA published a final rule 
redesignating 38 CFR 3.1000(a)(4) as Sec.  3.1000(a)(5) and adding a 
new paragraph Sec.  3.1000(a)(4). 71 FR 78368. However, VA failed to 
update the cross references to Sec.  3.1000(a)(4) in Sec. Sec.  
3.1000(b)(3), (c)(1), and (f) and 3.1003(a). Therefore, VA is 
correcting the above-noted sections to correctly refer to Sec.  
3.1000(a)(5).

Administrative Procedure Act

    Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b)(B), 
VA has determined that prior notice and opportunity for comment on this 
rulemaking are unnecessary. This final rule consists of nonsubstantive, 
technical changes that merely amend VA's regulations to reflect the 
correct legal citations. For this reason, VA has also determined that 
there is good cause to waive the 30-day delayed effective date 
requirement under 5 U.S.C. 553(d)(3).

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'' requiring review by the Office of 
Management and Budget (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 regulatory action 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 this 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 Fiscal Year to Date.

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 directly affect only individuals and will 
not directly affect small entities. Therefore, pursuant to 5 U.S.C. 
605(b), this rulemaking is exempt from the final regulatory flexibility 
analysis requirements of section 604.

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

    This final rule contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.101, Burial Expenses 
Allowance for Veterans; 64.104, Pension for Non-Service-Connected 
Disability for Veterans; 64.105, Pension to Veterans Surviving Spouses, 
and Children; 64.109, Veterans Compensation for Service-Connected 
Disability; 64.110, Veterans Dependency and Indemnity

[[Page 18117]]

Compensation for Service-Connected Death.

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 March 26, 2015, for publication.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Veterans.

    Dated: March 30, 2015.
Michael P. Shores,
Chief Impact Analyst, Office of Regulation Policy & Management, Office 
of the General Counsel, U.S. Department of Veterans Affairs.

    For the reasons set out in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 3 as follows:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

0
1. The authority citation for part 3, subpart A continues to read as 
follows:

    Authority:  38 U.S.C. 501(a), unless otherwise noted.


Sec.  3.10  [Amended]

0
2. Amend Sec.  3.10(e)(3) by removing ``Sec.  3.351(f)'' and adding in 
its place ``Sec.  3.351(e)''.


Sec.  3.655  [Amended]

0
3. Amend Sec.  3.655(c)(4) by removing ``Sec.  3.105(h)(1)'' and adding 
in its place ``Sec.  3.105(i)(1)''.


Sec.  3.1000  [Amended]

0
4. Amend Sec.  3.1000 as follows:
0
a. In paragraph (b)(3), by removing ``(a)(4)'' and adding in its place 
``(a)(5)''.
0
b. In paragraph (c)(1), by removing ``(a)(4)'' and adding in its place 
``(a)(5)''.
0
c. In paragraph (f), by removing both references to ``(a)(4)'' and 
adding in each place ``(a)(5)''.


Sec.  3.1003  [Amended]

0
5. Amend Sec.  3.1003 as follows:
0
a. In paragraph (a) introductory text, by removing ``3.1000(a)(1) 
through (4)'' and adding in its place ``3.1000(a)(1) through (5)'' and 
by removing ``3.1000(a)(4)'' and adding in its place ``3.1000(a)(5)''.
0
b. In paragraph (a)(2), by removing ``3.1000(a)(1) through (4)'' and 
adding in its place ``3.1000(a)(1) through (5)''.

[FR Doc. 2015-07540 Filed 4-2-15; 8:45 am]
 BILLING CODE 8320-01-P

18116 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations

§ 117.1047 [Amended] 3.105(h) as § 3.105(i). 62 FR 51274. recipients thereof; or (4) Raise novel
■ 2. In § 117.1047, effective 7 a.m. on However, VA failed to update the cross legal or policy issues arising out of legal
April 1, 2015 until 6 p.m. on November reference to § 3.105(h)(1) in 38 CFR mandates, the President’s priorities, or
30, 2015, suspend paragraph (c) and add 3.655(c)(4). Therefore, VA is correcting the principles set forth in this Executive
paragraph (e) to read as follows: the cross reference in § 3.655(c)(4) to Order.’’
correctly refer to § 3.105(i)(1). The economic, interagency,
§ 117.T1047 Hoquiam River. Lastly, on December 29, 2006, VA budgetary, legal, and policy
* * * * * published a final rule redesignating 38 implications of this regulatory action
(e) Half of the draw (single leaf) of the CFR 3.1000(a)(4) as § 3.1000(a)(5) and have been examined, and it has been
Simpson Avenue Bridge, mile 0.5, at adding a new paragraph § 3.1000(a)(4). determined not to be a significant
Hoquiam, WA, shall open on signal if at 71 FR 78368. However, VA failed to regulatory action under Executive Order
least a two hour notice is given by update the cross references to 12866. VA’s impact analysis can be
telephone or VHF radio to the § 3.1000(a)(4) in §§ 3.1000(b)(3), (c)(1), found as a supporting document at
Washington State Department of and (f) and 3.1003(a). Therefore, VA is http://www.regulations.gov, usually
Transportation. The opening signal is correcting the above-noted sections to within 48 hours after the rulemaking
two prolonged blasts followed by one correctly refer to § 3.1000(a)(5). document is published. Additionally, a
short blast. Administrative Procedure Act copy of this rulemaking and its impact
Dated: March 18, 2015. analysis are available on VA’s Web site
Pursuant to the Administrative at http://www.va.gov/orpm/, by
R.T. Gromlich, Procedure Act, 5 U.S.C. 553(b)(B), VA
Rear Admiral, U.S. Coast Guard, Commander, following the link for VA Regulations
has determined that prior notice and Published from FY 2004 through Fiscal
Thirteenth Coast Guard District. opportunity for comment on this
[FR Doc. 2015–07317 Filed 4–1–15; 11:15 am]
Year to Date.
rulemaking are unnecessary. This final
BILLING CODE 9110–04–P rule consists of nonsubstantive, Regulatory Flexibility Act
technical changes that merely amend The Secretary hereby certifies that
VA’s regulations to reflect the correct this final rule will not have a significant
DEPARTMENT OF VETERANS legal citations. For this reason, VA has economic impact on a substantial
AFFAIRS also determined that there is good cause number of small entities as they are
to waive the 30-day delayed effective defined in the Regulatory Flexibility Act
38 CFR Part 3 date requirement under 5 U.S.C. (5 U.S.C. 601–612). This final rule will
RIN 2900–AP33 553(d)(3). directly affect only individuals and will
Executive Orders 12866 and 13563 not directly affect small entities.
Technical Corrections Therefore, pursuant to 5 U.S.C. 605(b),
Executive Orders 12866 and 13563
AGENCY: Department of Veterans Affairs. this rulemaking is exempt from the final
direct agencies to assess the costs and
ACTION: Final rule. regulatory flexibility analysis
benefits of available regulatory
requirements of section 604.
alternatives and, when regulation is
SUMMARY: The Department of Veterans
necessary, to select regulatory Unfunded Mandates
Affairs (VA) amends its regulations to
approaches that maximize net benefits The Unfunded Mandates Reform Act
remove out-of-date legal citations and
(including potential economic, of 1995 requires, at 2 U.S.C. 1532, that
add the correct authority. This
environmental, public health and safety agencies prepare an assessment of
rulemaking contains only
effects, and other advantages; anticipated costs and benefits before
nonsubstantive, technical changes.
distributive impacts; and equity). issuing any rule that may result in the
DATES: This rule is effective April 3, Executive Order 13563 (Improving
2015. expenditure by State, local, and tribal
Regulation and Regulatory Review) governments, in the aggregate, or by the
FOR FURTHER INFORMATION CONTACT: emphasizes the importance of private sector, of $100 million or more
Michael Rasmussen, Consultant, quantifying both costs and benefits, (adjusted annually for inflation) in any
Regulations Staff (211D), Compensation reducing costs, harmonizing rules, and one year. This final rule will have no
Service, Department of Veterans Affairs, promoting flexibility. Executive Order such effect on State, local, and tribal
810 Vermont Avenue NW., Washington, 12866 (Regulatory Planning and governments, or on the private sector.
DC 20420, (202) 461–9700. (This is not Review) defines a ‘‘significant
a toll-free telephone number.) regulatory action’’ requiring review by Paperwork Reduction Act
SUPPLEMENTARY INFORMATION: On the Office of Management and Budget This final rule contains no provisions
December 2, 2005, VA published a final (OMB), unless OMB waives such constituting a collection of information
rule removing 38 CFR 3.5(e) and adding review, as ‘‘any regulatory action that is under the Paperwork Reduction Act of
38 CFR 3.10. 70 FR 72211. Section likely to result in a rule that may: (1) 1995 (44 U.S.C. 3501–3521).
3.10(e)(3) regards payment information Have an annual effect on the economy
for surviving spouses in receipt of of $100 million or more or adversely Catalog of Federal Domestic Assistance
Dependency and Indemnity affect in a material way the economy, a The Catalog of Federal Domestic
Compensation (DIC) and clearly sector of the economy, productivity, Assistance numbers and titles for the
contains an erroneous cross reference to competition, jobs, the environment, programs affected by this document are
asabaliauskas on DSK5VPTVN1PROD with RULES

§ 3.351(f), which regards death pension. public health or safety, or State, local, 64.101, Burial Expenses Allowance for
Therefore, VA is correcting this or tribal governments or communities; Veterans; 64.104, Pension for Non-
technical error by removing the cross (2) Create a serious inconsistency or Service-Connected Disability for
reference to § 3.351(f) and adding, in its otherwise interfere with an action taken Veterans; 64.105, Pension to Veterans
place, a cross reference to § 3.351(e), the or planned by another agency; (3) Surviving Spouses, and Children;
paragraph regarding DIC. Materially alter the budgetary impact of 64.109, Veterans Compensation for
On September 30, 1997, VA published entitlements, grants, user fees, or loan Service-Connected Disability; 64.110,
a final rule redesignating 38 CFR programs or the rights and obligations of Veterans Dependency and Indemnity

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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations 18117

Compensation for Service-Connected ■ b. In paragraph (a)(2), by removing 17, 2015, Priority Mail Contract 117
Death. ‘‘3.1000(a)(1) through (4)’’ and adding in (MC2015–37 and CP2015–48); March
its place ‘‘3.1000(a)(1) through (5)’’. 18, 2015, Priority Mail Contract 115
Signing Authority
[FR Doc. 2015–07540 Filed 4–2–15; 8:45 am] (MC2015–35 and CP2015–46); March
The Secretary of Veterans Affairs, or BILLING CODE 8320–01–P
19, 2015, Priority Mail Contract 116
designee, approved this document and (MC2015–36 and CP2015–47); March
authorized the undersigned to sign and 19, 2015, Priority Mail Contract 120
submit the document to the Office of the (MC2015–40 and CP2015–51); March
POSTAL REGULATORY COMMISSION
Federal Register for publication 19, 2015, Priority Mail Contract 114
electronically as an official document of 39 CFR Part 3020 (MC2015–34 and CP2015–45); and
the Department of Veterans Affairs. Jose March 20, 2015, Priority Mail Contract
D. Riojas, Chief of Staff, Department of [Docket Nos. MC2010–21 and CP2010–36] 118 (MC2015–38 and CP2015–49).
Veterans Affairs, approved this FOR FURTHER INFORMATION CONTACT:
document on March 26, 2015, for Update to Product Lists
David A. Trissell, General Counsel, at
publication. AGENCY: Postal Regulatory Commission. 202–789–6800.
List of Subjects in 38 CFR Part 3 ACTION: Final rule. SUPPLEMENTARY INFORMATION: This
Administrative practice and document identifies updates to the
SUMMARY: The Commission is updating product lists, which appear as 39 CFR
procedure, Claims, Disability benefits, the product lists. This action reflects a
Veterans. Appendix A to Subpart A of Part 3020—
publication policy adopted by Mail Classification Schedule.
Dated: March 30, 2015. Commission order. The referenced Publication of the updated product lists
Michael P. Shores, policy assumes periodic updates. The in the Federal Register is addressed in
Chief Impact Analyst, Office of Regulation updates are identified in the body of the Postal Accountability and
Policy & Management, Office of the General this document. The product lists, which Enhancement Act (PAEA) of 2006.
Counsel, U.S. Department of Veterans Affairs. is re-published in its entirety, includes Authorization. The Commission
these updates. process for periodic publication of
For the reasons set out in the
DATES: Effective Date: April 3, 2015. updates was established in Docket Nos.
preamble, the Department of Veterans
Affairs amends 38 CFR part 3 as follows: Applicability Dates: December 23, MC2010–21 and CP2010–36, Order No.
2014, Priority Mail Contract 104 445, April 22, 2010, at 8.
PART 3—ADJUDICATION (MC2015–19 and CP2015–23); Changes. The product lists are being
December 23, 2014, Priority Mail updated by publishing a replacement in
Subpart A—Pension, Compensation, Contract 103 (MC2015–17 and CP2015– its entirety of 39 CFR Appendix A to
and Dependency and Indemnity 21); December 23, 2014, Priority Mail Subpart A of Part 3020—Mail
Compensation Express Contract 22 (MC2015–15 and Classification Schedule. The following
CP2015–19); December 30, 2014, products are being added, removed, or
■ 1. The authority citation for part 3, Priority Mail Express Contract 24 moved within the product lists:
subpart A continues to read as follows: (MC2015–21 and CP2015–26); January 1. Priority Mail Contract 104
Authority: 38 U.S.C. 501(a), unless 7, 2015, Priority Mail Contract 105 (MC2015–19 and CP2015–23) (Order
otherwise noted. (MC2015–20 and CP2015–25); January No. 2302), added December 23, 2014.
9, 2015, Priority Mail Express Contract 2. Priority Mail Contract 103
§ 3.10 [Amended] 25 (MC2015–22 and CP2015–28); (MC2015–17 and CP2015–21) (Order
■ 2. Amend § 3.10(e)(3) by removing January 13, 2015, Global Expedited No. 2305), added December 23, 2014.
‘‘§ 3.351(f)’’ and adding in its place Package Services—Non-Published Rates 3. Priority Mail Express Contact 22
‘‘§ 3.351(e)’’. Contract 5 (MC2015–23 and CP2015– (MC2015–15 and CP2015–19) (Order
29); February 6, 2015, Priority Mail & No. 2307), added December 23, 2014.
§ 3.655 [Amended] First-Class Package Service Contract 2 4. Priority Mail Express Contract 24
■ 3. Amend § 3.655(c)(4) by removing (MC2015–24 and CP2015–32); February (MC2015–21 and CP2015–26) (Order
‘‘§ 3.105(h)(1)’’ and adding in its place 10, 2015, Priority Mail Contract 111 No. 2311), added December 30, 2014.
‘‘§ 3.105(i)(1)’’. (MC2015–30 and CP2015–39); February 5. Priority Mail Contract 105
11, 2015, Priority Mail Contract 108 (MC2015–20 and CP2015–25) (Order
§ 3.1000 [Amended] (MC2015–27 and CP2015–36); February No. 2317), added January 7, 2015.
■ 4. Amend § 3.1000 as follows: 11, 2015, Priority Mail Contract 110 6. Priority Mail Express Contract 25
■ a. In paragraph (b)(3), by removing (MC2015–29 and CP2015–38); February (MC2015–22 and CP2015–28) (Order
‘‘(a)(4)’’ and adding in its place ‘‘(a)(5)’’. 11, 2015, Priority Mail Contract 106 No. 2318), added January 9, 2015.
■ b. In paragraph (c)(1), by removing (MC2015–25 and CP2015–34); February 7. Global Expedited Package
‘‘(a)(4)’’ and adding in its place ‘‘(a)(5)’’. 12, 2015, Priority Mail Contract 107 Services—Non-Published Rates Contract
■ c. In paragraph (f), by removing both (MC2015–26 and CP2015–35); February 5 (MC2015–23 and CP2015–29) (Order
references to ‘‘(a)(4)’’ and adding in each 20, 2015, Priority Mail Contract 109 No. 2320), added January 13, 2015.
place ‘‘(a)(5)’’. (MC2015–28 and CP2015–37); February 8. Priority Mail & First-Class Package
24, 2015, Priority Mail International Service Contract 2 (MC2015–24 and
asabaliauskas on DSK5VPTVN1PROD with RULES

§ 3.1003 [Amended] Regional Rate Boxes Contract 1 CP2015–32) (Order No. 2347), added
■ 5. Amend § 3.1003 as follows: (MC2015–31 and CP2015–40); February February 6, 2015.
■ a. In paragraph (a) introductory text, 27, 2015, Priority Mail Contract 113 9. Priority Mail Contract 111
by removing ‘‘3.1000(a)(1) through (4)’’ (MC2015–33 and CP2015–43); March 2, (MC2015–30 and CP2015–39) (Order
and adding in its place ‘‘3.1000(a)(1) 2015, Priority Mail Contract 112 No. 2352), added February 10, 2015.
through (5)’’ and by removing (MC2015–32 and CP2015–42); March 10. Priority Mail Contract 108
‘‘3.1000(a)(4)’’ and adding in its place 17, 2015, Priority Mail Contract 119 (MC2015–27 and CP2015–36) (Order
‘‘3.1000(a)(5)’’. (MC2015–39 and CP2015–50); March No. 2353), added February 11, 2015.

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Document Created: 2015-12-18 15:28:45
Document Modified: 2015-12-18 15:28:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective April 3, 2015.
Contact		Michael Rasmussen, Consultant, Regulations Staff (211D), Compensation Service, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-free telephone number.)
FR Citation		80 FR 18116
RIN Number		2900-AP33
CFR Associated		Administrative Practice and Procedure; Claims; Disability Benefits and Veterans