81 FR 26130 - Technical Corrections-VA Vocational Rehabilitation and Employment Nomenclature Change for Position Title
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 81, Issue 84 (May 2, 2016)
Federal Register Volume 81, Issue 84 (May 2, 2016)
| Page Range | 26130-26133 | |
| FR Document | 2016-10112 |
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)] [Rules and Regulations] [Pages 26130-26133] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10112] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 21 RIN 2900-AP65 Technical Corrections--VA Vocational Rehabilitation and Employment Nomenclature Change for Position Title AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Veterans Affairs is amending its regulations by making nonsubstantive changes to ensure consistency within its regulations regarding a nomenclature change in the title of a Vocational Rehabilitation and Employment position. DATES: Effective Date: This final rule is effective May 2, 2016. FOR FURTHER INFORMATION CONTACT: C.J. Riley, Policy Analyst, Vocational Rehabilitation and Employment Service (28), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9600. (This is not a toll-free telephone number.) SUPPLEMENTARY INFORMATION: In January 2000, the name of VA's program, Vocational Rehabilitation and Counseling (VR&C), responsible for assisting veterans with service-connected disabilities to obtain and maintain suitable employment and achieve maximum independence in daily living was changed to Vocational Rehabilitation and Employment (VR&E). This change reflects the major goal of the program by focusing on employment. As outlined by VA's Office of Field Operations (OFO) in OFO Letter 20F-11-09, a National Journey-Level Counseling Psychologist (CP)/Vocational Rehabilitation Counselor (VRC) Performance Plan was implemented on December 16, 2003. The performance plan described how the job duties and qualifications for a CP and VRC were the same. As a result, the position description for CP was amended to include the synonymous title of VRC. Since this change, VA has updated several regulations to include this synonymous title. To ensure consistency within the regulations, this final rule amends VA regulations to reflect this nomenclature change in the title for this VR&E position. VA is also correcting two spelling mistakes. In 38 CFR 21.94(b), VA corrects the spelling of the word ``statement.'' The current text misspells ``statement'' as ``staement.'' In Sec. 21.4232(a)(2)(i), VA corrects the spelling of ``Rehabilation'' to read ``Rehabilitation''. No substantive changes are intended by these amendments. Administrative Procedure Act This final rule concerns only agency organization, procedure, or practice and, therefore, is not subject to the notice and comment provisions of 5 U.S.C. 553(b). See 38 U.S.C. 553(b)(A). This final rule consists of only nonsubstantive changes that will make the regulations more accurate and less confusing to readers. For this reason, VA has also determined that there is good cause to waive the 30-day delay 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 [[Page 26131]] 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 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 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 number and title for the program 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. Robert D. Snyder, Chief of Staff, Department of Veterans Affairs, approved this document on April 21, 2016, 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: April 26, 2016. William F. Russo, Director, Office of Regulation Policy & Management, Office of the General Counsel, Department of Veterans Affairs. For the reasons set out in the preamble, the Department of Veterans Affairs amends 38 CFR part 21 as follows: PART 21--VOCATIONAL REHABILITATION AND EDUCATION Subpart A--Vocational Rehabilitation and Employment Under 38 U.S.C. Chapter 31 0 1. The authority citation for part 21, subpart A, continues to read as follows: Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections. Sec. 21.53 [Amended] 0 2. Amend Sec. 21.53 by: 0 a. In the first sentence of paragraph (f), removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. 0 b. In the last sentence of paragraph (f), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. 0 c. In paragraph (g) introductory text, removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. Sec. 21.57 [Amended] 0 3. Amend Sec. 21.57(d) by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. Sec. 21.60 [Amended] 0 4. Amend Sec. 21.60 by: 0 a. In paragraph (b)(1), removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. 0 b. In paragraph (e)(1), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. Sec. 21.72 [Amended] 0 5. Amend Sec. 21.72 by: 0 a. In the first sentence of paragraph (c)(1), removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. 0 b. In the second sentence of paragraph (c)(2), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. 0 c. In paragraph (d)(2), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. Sec. 21.74 [Amended] 0 6. Amend Sec. 21.74 by: 0 a. In paragraph (c)(1), removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. 0 b. In paragraphs (c)(2) and (c)(3), removing all references to ``counseling psychologist'' and adding, in each place, ``CP or VRC''. Sec. 21.76 [Amended] 0 7. Amend the first sentence of Sec. 21.76(b) by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. Sec. 21.78 [Amended] 0 8. Amend the first sentence of Sec. 21.78(d) by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. Sec. 21.92 [Amended] 0 9. Amend Sec. 21.92 by: 0 a. In paragraph (b), removing ``counseling psychologist,'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. 0 b. In paragraph (c), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. 0 c. In paragraph (d), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. Sec. 21.94 [Amended] 0 10. Amend Sec. 21.94 by: 0 a. In paragraph (a), removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP), Vocational Rehabilitation Counselor (VRC),''. 0 b. In the first sentence of paragraph (b) introductory text, removing ``staement'' and adding, in its place, ``statement'', and removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. [[Page 26132]] Sec. 21.98 [Amended] 0 11. Amend Sec. 21.98(b) introductory text by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP), the Vocational Rehabilitation Counselor (VRC),''. Sec. 21.100 [Amended] 0 12. Amend Sec. 21.100 by: 0 a. In paragraph (d)(1), removing ``counseling psychologists'' and adding, in its place, ``Counseling Psychologists (CP) or Vocational Rehabilitation Counselors (VRC)''. 0 b. In paragraph (d)(3)(ii), removing ``counseling psychologists'' and adding, in its place, ``a CP or VRC''. 0 c. In paragraph (d)(4), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. Sec. 21.180 [Amended] 0 13. Amend the second sentence of Sec. 21.180(c) by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP), Vocational Rehabilitation Counselor (VRC),''. Sec. 21.274 [Amended] 0 14. Amend Sec. 21.274(e)(1) by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP), Vocational Rehabilitation Counselor (VRC),''. Sec. 21.299 [Amended] 0 15. Amend the second sentence of Sec. 21.299(a) by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. Sec. 21.364 [Amended] 0 16. Amend the second sentence of Sec. 21.364(a) introductory text by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. Sec. 21.380 [Amended] 0 17. Amend Sec. 21.380(a)(1) by removing ``Counseling psychologists'' and adding, in its place, ``Counseling Psychologists (CP) or Vocational Rehabilitation Counselors (VRC)''. Subpart C--Survivors' and Dependents' Educational Assistance Under 38 U.S.C. Chapter 35 0 18. The authority citation for part 21, subpart C, continues to read as follows: Authority: 38 U.S.C. 501(a), 512, 3500-3566, and as noted in specific sections. Sec. 21.3102 [Amended] 0 19. Amend Sec. 21.3102(a) by removing ``VA counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. Sec. 21.3301 [Amended] 0 20. Amend Sec. 21.3301(e) by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. Subpart D--Administration of Educational Assistance Programs 0 21. The authority citation for part 21, subpart D, continues to read as follows: Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs. 30, 32, 33, 34, 35, 36, and as noted in specific sections. Sec. 21.4232 [Amended] 0 22. Amend Sec. 21.4232 by: 0 a. In paragraph (a)(2) introductory text, removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. 0 b. In paragraph (a)(2)(i), removing ``Rehabilation'' and adding, in its place, ``Rehabilitation''. 0 c. In paragraphs (a)(3) and (d), removing all references to ``counseling psychologist'' and adding, in each place, ``CP or VRC''. Subpart I--Temporary Program of Vocational Training for Certain New Pension Recipients 0 23. The authority citation for part 21, subpart I, continues to read as follows: Authority: Pub. L. 98-543, 38 U.S.C. 501 and chapter 15, sections specifically cited, unless otherwise noted. 0 24. Amend Sec. 21.6005 by adding a paragraph (j)(10) to read as follows: Sec. 21.6005 Definitions. * * * * * (j) * * * (10) Vocational Rehabilitation Counselor. Sec. 21.6052 [Amended] 0 25. Amend Sec. 21.6052 by: 0 a. In paragraph (b)(1), removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. 0 b. In paragraph (c), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. Sec. 21.6056 [Amended] 0 26. Amend Sec. 21.6056 by: 0 a. In the last sentence of paragraph (a), removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. 0 b. In the first sentence in paragraph (b), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. 0 c. In the first sentence in paragraph (c), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. Sec. 21.6059 [Amended] 0 27. Amend Sec. 21.6059 by: 0 a. In paragraph (b)(1), removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. 0 b. In paragraph (b)(2), removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. Sec. 21.6070 [Amended] 0 28. Amend Sec. 21.6070 by: 0 a. In the first sentence in paragraph (b), removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. 0 b. In paragraph (e) introductory text, removing ``counseling psychologist'' and adding, in its place, ``CP or VRC''. Sec. 21.6072 [Amended] 0 29. Amend Sec. 21.6072(d)(2) by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. Sec. 21.6080 [Amended] 0 30. Amend Sec. 21.6080(d) introductory text by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. Subpart J--Temporary Program of Vocational Training and Rehabilitation 0 31. The authority citation for part 21, subpart J, continues to read as follows: Authority: Pub. L. 98-543, sec. 111; 38 U.S.C. 1163; Pub. L. 100-687, sec. 1301, unless otherwise noted. Sec. 21.6509 [Amended] 0 32. Amend Sec. 21.6509(d) by removing ``counseling psychologist'' and adding, in its place, ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. Sec. 21.6515 [Amended] 0 33. Amend the first sentence of Sec. 21.6515(a) by removing ``counseling psychologist'' and adding, in its place, [[Page 26133]] ``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''. [FR Doc. 2016-10112 Filed 4-29-16; 8:45 am] BILLING CODE 8320-01-P
![26130 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations
Federal Register (81 FR 10086). The DEPARTMENT OF VETERANS § 21.4232(a)(2)(i), VA corrects the
sponsor, Long Island Cares, Inc., has AFFAIRS spelling of ‘‘Rehabilation’’ to read
rescheduled the event from its original ‘‘Rehabilitation’’. No substantive
date of September 18, 2016 to October 38 CFR Part 21 changes are intended by these
2, 2016. RIN 2900–AP65 amendments.
Long Island Cares, Inc. requested and Administrative Procedure Act
the bridge owner for both bridges, the Technical Corrections—VA Vocational
Rehabilitation and Employment This final rule concerns only agency
State of New York Department of organization, procedure, or practice and,
Nomenclature Change for Position
Transportation, concurred with this therefore, is not subject to the notice
Title
modified temporary deviation from the and comment provisions of 5 U.S.C.
normal operating schedule to facilitate a AGENCY: Department of Veterans Affairs. 553(b). See 38 U.S.C. 553(b)(A). This
public event, the Dee Snider’s ACTION: Final rule. final rule consists of only
Motorcycle Ride to Fight Hunger. nonsubstantive changes that will make
SUMMARY: The Department of Veterans the regulations more accurate and less
The Loop Parkway Bridge, mile 0.7,
Affairs is amending its regulations by confusing to readers. For this reason,
across Long Creek has a vertical making nonsubstantive changes to VA has also determined that there is
clearance in the closed position of 21 ensure consistency within its good cause to waive the 30-day delay
feet at mean high water and 25 feet at regulations regarding a nomenclature effective date requirement under 5
mean low water. The existing bridge change in the title of a Vocational U.S.C. 553(d)(3).
operating regulations are found at 33 Rehabilitation and Employment
CFR 117.799(f). position. Executive Orders 12866 and 13563
The Meadowbrook State Parkway Executive Orders 12866 and 13563
DATES: Effective Date: This final rule is
Bridge, mile 12.8, across Sloop Channel direct agencies to assess the costs and
effective May 2, 2016.
has a vertical clearance in the closed benefits of available regulatory
FOR FURTHER INFORMATION CONTACT: C.J. alternatives and, when regulation is
position of 22 feet at mean high water Riley, Policy Analyst, Vocational
and 25 feet at mean low water. The necessary, to select regulatory
Rehabilitation and Employment Service approaches that maximize net benefits
existing bridge operating regulations are (28), Veterans Benefits Administration, (including potential economic,
found at 33 CFR 117.799(h). Department of Veterans Affairs, 810 environmental, public health and safety
Long Creek and Sloop Channel are Vermont Avenue NW., Washington, DC effects, and other advantages;
transited by commercial fishing and 20420, (202) 461–9600. (This is not a distributive impacts; and equity).
recreational vessel traffic. toll-free telephone number.) Executive Order 13563 (Improving
SUPPLEMENTARY INFORMATION: In January Regulation and Regulatory Review)
Under this modified temporary
deviation, the Loop Parkway and the 2000, the name of VA’s program, emphasizes the importance of
Vocational Rehabilitation and quantifying both costs and benefits,
Meadowbrook State Parkway Bridges
Counseling (VR&C), responsible for reducing costs, harmonizing rules, and
may remain in the closed position
assisting veterans with service- promoting flexibility. Executive Order
between 11 a.m. and 1 p.m. on October
connected disabilities to obtain and 12866 (Regulatory Planning and
2, 2016. maintain suitable employment and Review) defines a ‘‘significant
Vessels able to pass under the bridge achieve maximum independence in regulatory action’’ requiring review by
in the closed position may do so at daily living was changed to Vocational the Office of Management and Budget
anytime. The bridges will not be able to Rehabilitation and Employment (VR&E). (OMB), unless OMB waives such
open for emergencies and there are no This change reflects the major goal of review, as ‘‘any regulatory action that is
immediate alternate routes for vessels to the program by focusing on likely to result in a rule that may: (1)
pass. employment. As outlined by VA’s Office Have an annual effect on the economy
The Coast Guard will also inform the of Field Operations (OFO) in OFO Letter of $100 million or more or adversely
20F–11–09, a National Journey-Level affect in a material way the economy, a
users of the waterways through our
Counseling Psychologist (CP)/ sector of the economy, productivity,
Local and Broadcast Notices to Mariners
Vocational Rehabilitation Counselor competition, jobs, the environment,
of the change in operating schedule for
(VRC) Performance Plan was public health or safety, or State, local,
the bridge so that vessels can arrange implemented on December 16, 2003. or tribal governments or communities;
their transits to minimize any impact The performance plan described how (2) Create a serious inconsistency or
caused by the temporary deviation. the job duties and qualifications for a CP otherwise interfere with an action taken
In accordance with 33 CFR 117.35(e), and VRC were the same. As a result, the or planned by another agency; (3)
the drawbridge must return to its regular position description for CP was Materially alter the budgetary impact of
operating schedule immediately at the amended to include the synonymous entitlements, grants, user fees, or loan
end of the effective period of this title of VRC. Since this change, VA has programs or the rights and obligations of
temporary deviation. This deviation updated several regulations to include recipients thereof; or (4) Raise novel
from the operating regulations is this synonymous title. To ensure legal or policy issues arising out of legal
authorized under 33 CFR 117.35. consistency within the regulations, this mandates, the President’s priorities, or
final rule amends VA regulations to the principles set forth in this Executive
mstockstill on DSK3G9T082PROD with RULES
Dated: April 27, 2016.
reflect this nomenclature change in the Order.’’
C.J. Bisignano, title for this VR&E position. The economic, interagency,
Supervisory Bridge Management Specialist, VA is also correcting two spelling budgetary, legal, and policy
First Coast Guard District. mistakes. In 38 CFR 21.94(b), VA implications of this regulatory action
[FR Doc. 2016–10204 Filed 4–29–16; 8:45 am] corrects the spelling of the word have been examined, and it has been
BILLING CODE 9110–04–P ‘‘statement.’’ The current text misspells determined not to be a significant
‘‘statement’’ as ‘‘staement.’’ In regulatory action under Executive Order
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![Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations 26131
12866. VA’s impact analysis can be Claims, Colleges and universities, psychologist’’ and adding, in its place,
found as a supporting document at Conflict of interests, Education, ‘‘Counseling Psychologist (CP) or
http://www.regulations.gov, usually Employment, Grant programs— Vocational Rehabilitation Counselor
within 48 hours after the rulemaking education, Grant programs—veterans, (VRC)’’.
document is published. Additionally, a Health care, Loan programs—education, ■ b. In the second sentence of paragraph
copy of the rulemaking and its impact Loan programs—veterans, Manpower (c)(2), removing ‘‘counseling
analysis are available on VA’s Web site training programs, Reporting and psychologist’’ and adding, in its place,
at http://www.va.gov/orpm/, by recordkeeping requirements, Schools, ‘‘CP or VRC’’.
following the link for ‘‘VA Regulations Travel and transportation expenses, ■ c. In paragraph (d)(2), removing
Published From FY 2004 Through Fiscal Veterans, Vocational education, ‘‘counseling psychologist’’ and adding,
Year to Date.’’ Vocational rehabilitation. in its place, ‘‘CP or VRC’’.
Regulatory Flexibility Act Dated: April 26, 2016.
§ 21.74 [Amended]
William F. Russo,
The Secretary hereby certifies that ■ 6. Amend § 21.74 by:
this final rule will not have a significant Director, Office of Regulation Policy &
Management, Office of the General Counsel, ■ a. In paragraph (c)(1), removing
economic impact on a substantial Department of Veterans Affairs. ‘‘counseling psychologist’’ and adding,
number of small entities as they are
For the reasons set out in the in its place, ‘‘Counseling Psychologist
defined in the Regulatory Flexibility Act
preamble, the Department of Veterans (CP) or Vocational Rehabilitation
(5 U.S.C. 601–612). This final rule will
Affairs amends 38 CFR part 21 as Counselor (VRC)’’.
directly affect only individuals and will
follows: ■ b. In paragraphs (c)(2) and (c)(3),
not directly affect small entities.
Therefore, pursuant to 5 U.S.C. 605(b), removing all references to ‘‘counseling
PART 21—VOCATIONAL psychologist’’ and adding, in each place,
this rulemaking is exempt from the REHABILITATION AND EDUCATION
regulatory flexibility analysis ‘‘CP or VRC’’.
requirements of section 604. Subpart A—Vocational Rehabilitation § 21.76 [Amended]
Unfunded Mandates and Employment Under 38 U.S.C.
■ 7. Amend the first sentence of
Chapter 31
The Unfunded Mandates Reform Act § 21.76(b) by removing ‘‘counseling
of 1995 requires, at 2 U.S.C. 1532, that ■ 1. The authority citation for part 21, psychologist’’ and adding, in its place,
agencies prepare an assessment of subpart A, continues to read as follows: ‘‘Counseling Psychologist (CP) or
anticipated costs and benefits before Vocational Rehabilitation Counselor
Authority: 38 U.S.C. 501(a), chs. 18, 31,
issuing any rule that may result in the (VRC)’’.
and as noted in specific sections.
expenditure by State, local, and tribal § 21.78 [Amended]
governments, in the aggregate, or by the § 21.53 [Amended]
private sector, of $100 million or more ■ 2. Amend § 21.53 by: ■ 8. Amend the first sentence of
(adjusted annually for inflation) in any ■ a. In the first sentence of paragraph (f), § 21.78(d) by removing ‘‘counseling
one year. This final rule will have no removing ‘‘counseling psychologist’’ psychologist’’ and adding, in its place,
such effect on State, local, and tribal and adding, in its place, ‘‘Counseling ‘‘Counseling Psychologist (CP) or
governments, or on the private sector. Psychologist (CP) or Vocational Vocational Rehabilitation Counselor
Rehabilitation Counselor (VRC)’’. (VRC)’’.
Paperwork Reduction Act
■ b. In the last sentence of paragraph (f),
This final rule contains no provisions § 21.92 [Amended]
removing ‘‘counseling psychologist’’
constituting a collection of information and adding, in its place, ‘‘CP or VRC’’. ■ 9. Amend § 21.92 by:
under the Paperwork Reduction Act of ■ c. In paragraph (g) introductory text, ■ a. In paragraph (b), removing
1995 (44 U.S.C. 3501–3521). removing ‘‘counseling psychologist’’ ‘‘counseling psychologist,’’ and adding,
Catalog of Federal Domestic Assistance and adding, in its place, ‘‘CP or VRC’’. in its place, ‘‘Counseling Psychologist
(CP) or Vocational Rehabilitation
The Catalog of Federal Domestic § 21.57 [Amended]
Counselor (VRC)’’.
Assistance number and title for the ■ 3. Amend § 21.57(d) by removing ■ b. In paragraph (c), removing
program affected by this final rule is ‘‘counseling psychologist’’ and adding, ‘‘counseling psychologist’’ and adding,
64.116, Vocational Rehabilitation for in its place, ‘‘Counseling Psychologist in its place, ‘‘CP or VRC’’.
Disabled Veterans. (CP) or Vocational Rehabilitation ■ c. In paragraph (d), removing
Signing Authority Counselor (VRC)’’. ‘‘counseling psychologist’’ and adding,
The Secretary of Veterans Affairs, or § 21.60 [Amended] in its place, ‘‘CP or VRC’’.
designee, approved this document and ■ 4. Amend § 21.60 by: § 21.94 [Amended]
authorized the undersigned to sign and ■ a. In paragraph (b)(1), removing
submit the document to the Office of the ‘‘counseling psychologist’’ and adding, ■ 10. Amend § 21.94 by:
Federal Register for publication in its place, ‘‘Counseling Psychologist ■ a. In paragraph (a), removing
electronically as an official document of (CP) or Vocational Rehabilitation ‘‘counseling psychologist’’ and adding,
the Department of Veterans Affairs. Counselor (VRC)’’. in its place, ‘‘Counseling Psychologist
Robert D. Snyder, Chief of Staff, ■ b. In paragraph (e)(1), removing (CP), Vocational Rehabilitation
mstockstill on DSK3G9T082PROD with RULES
Department of Veterans Affairs, ‘‘counseling psychologist’’ and adding, Counselor (VRC),’’.
approved this document on April 21, in its place, ‘‘CP or VRC’’. ■ b. In the first sentence of paragraph (b)
2016, for publication. introductory text, removing ‘‘staement’’
§ 21.72 [Amended] and adding, in its place, ‘‘statement’’,
List of Subjects in 38 CFR Part 21 and removing ‘‘counseling
■ 5. Amend § 21.72 by:
Administrative practice and ■ a. In the first sentence of paragraph psychologist’’ and adding, in its place,
procedure, Armed forces, Civil rights, (c)(1), removing ‘‘counseling ‘‘CP or VRC’’.
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§ 21.98 [Amended] § 21.3102 [Amended] ■ a. In the last sentence of paragraph (a),
■ 11. Amend § 21.98(b) introductory ■ 19. Amend § 21.3102(a) by removing removing ‘‘counseling psychologist’’
text by removing ‘‘counseling ‘‘VA counseling psychologist’’ and and adding, in its place, ‘‘Counseling
psychologist’’ and adding, in its place, adding, in its place, ‘‘Counseling Psychologist (CP) or Vocational
‘‘Counseling Psychologist (CP), the Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)’’.
Vocational Rehabilitation Counselor Rehabilitation Counselor (VRC)’’. ■ b. In the first sentence in paragraph
(VRC),’’. (b), removing ‘‘counseling psychologist’’
§ 21.3301 [Amended] and adding, in its place, ‘‘CP or VRC’’.
§ 21.100 [Amended] ■ 20. Amend § 21.3301(e) by removing ■ c. In the first sentence in paragraph
■ 12. Amend § 21.100 by: ‘‘counseling psychologist’’ and adding, (c), removing ‘‘counseling psychologist’’
■ a. In paragraph (d)(1), removing in its place, ‘‘Counseling Psychologist and adding, in its place, ‘‘CP or VRC’’.
‘‘counseling psychologists’’ and adding, (CP) or Vocational Rehabilitation
§ 21.6059 [Amended]
in its place, ‘‘Counseling Psychologists Counselor (VRC)’’.
(CP) or Vocational Rehabilitation ■ 27. Amend § 21.6059 by:
Subpart D—Administration of ■ a. In paragraph (b)(1), removing
Counselors (VRC)’’.
Educational Assistance Programs ‘‘counseling psychologist’’ and adding,
■ b. In paragraph (d)(3)(ii), removing
in its place, ‘‘Counseling Psychologist
‘‘counseling psychologists’’ and adding, ■ 21. The authority citation for part 21, (CP) or Vocational Rehabilitation
in its place, ‘‘a CP or VRC’’. subpart D, continues to read as follows: Counselor (VRC)’’.
■ c. In paragraph (d)(4), removing
Authority: 10 U.S.C. 2141 note, ch. 1606; ■ b. In paragraph (b)(2), removing
‘‘counseling psychologist’’ and adding, 38 U.S.C. 501(a), chs. 30, 32, 33, 34, 35, 36, ‘‘counseling psychologist’’ and adding,
in its place, ‘‘CP or VRC’’. and as noted in specific sections. in its place, ‘‘CP or VRC’’.
§ 21.180 [Amended] § 21.4232 [Amended] § 21.6070 [Amended]
■ 13. Amend the second sentence of ■ 22. Amend § 21.4232 by: ■ 28. Amend § 21.6070 by:
§ 21.180(c) by removing ‘‘counseling ■ a. In paragraph (a)(2) introductory ■ a. In the first sentence in paragraph
psychologist’’ and adding, in its place, text, removing ‘‘counseling (b), removing ‘‘counseling psychologist’’
‘‘Counseling Psychologist (CP), psychologist’’ and adding, in its place, and adding, in its place, ‘‘Counseling
Vocational Rehabilitation Counselor ‘‘Counseling Psychologist (CP) or Psychologist (CP) or Vocational
(VRC),’’. Vocational Rehabilitation Counselor Rehabilitation Counselor (VRC)’’.
(VRC)’’. ■ b. In paragraph (e) introductory text,
§ 21.274 [Amended] ■ b. In paragraph (a)(2)(i), removing
removing ‘‘counseling psychologist’’
■ 14. Amend § 21.274(e)(1) by removing ‘‘Rehabilation’’ and adding, in its place, and adding, in its place, ‘‘CP or VRC’’.
‘‘counseling psychologist’’ and adding, ‘‘Rehabilitation’’.
in its place, ‘‘Counseling Psychologist ■ c. In paragraphs (a)(3) and (d), § 21.6072 [Amended]
(CP), Vocational Rehabilitation removing all references to ‘‘counseling
■ 29. Amend § 21.6072(d)(2) by
Counselor (VRC),’’. psychologist’’ and adding, in each place,
removing ‘‘counseling psychologist’’
‘‘CP or VRC’’.
§ 21.299 [Amended] and adding, in its place, ‘‘Counseling
Subpart I—Temporary Program of Psychologist (CP) or Vocational
■ 15. Amend the second sentence of Rehabilitation Counselor (VRC)’’.
Vocational Training for Certain New
§ 21.299(a) by removing ‘‘counseling
Pension Recipients § 21.6080 [Amended]
psychologist’’ and adding, in its place,
‘‘Counseling Psychologist (CP) or ■ 23. The authority citation for part 21, ■ 30. Amend § 21.6080(d) introductory
Vocational Rehabilitation Counselor subpart I, continues to read as follows: text by removing ‘‘counseling
(VRC)’’. psychologist’’ and adding, in its place,
Authority: Pub. L. 98–543, 38 U.S.C. 501
§ 21.364 [Amended] and chapter 15, sections specifically cited, ‘‘Counseling Psychologist (CP) or
unless otherwise noted. Vocational Rehabilitation Counselor
■ 16. Amend the second sentence of (VRC)’’.
§ 21.364(a) introductory text by ■ 24. Amend § 21.6005 by adding a
removing ‘‘counseling psychologist’’ paragraph (j)(10) to read as follows: Subpart J—Temporary Program of
and adding, in its place, ‘‘Counseling § 21.6005 Definitions. Vocational Training and Rehabilitation
Psychologist (CP) or Vocational * * * * *
Rehabilitation Counselor (VRC)’’. ■ 31. The authority citation for part 21,
(j) * * *
(10) Vocational Rehabilitation subpart J, continues to read as follows:
§ 21.380 [Amended]
Counselor. Authority: Pub. L. 98–543, sec. 111; 38
■ 17. Amend § 21.380(a)(1) by removing U.S.C. 1163; Pub. L. 100–687, sec. 1301,
‘‘Counseling psychologists’’ and adding, § 21.6052 [Amended] unless otherwise noted.
in its place, ‘‘Counseling Psychologists ■ 25. Amend § 21.6052 by: § 21.6509 [Amended]
(CP) or Vocational Rehabilitation ■ a. In paragraph (b)(1), removing
Counselors (VRC)’’. ‘‘counseling psychologist’’ and adding, ■ 32. Amend § 21.6509(d) by removing
in its place, ‘‘Counseling Psychologist ‘‘counseling psychologist’’ and adding,
Subpart C—Survivors’ and (CP) or Vocational Rehabilitation in its place, ‘‘Counseling Psychologist
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Dependents’ Educational Assistance Counselor (VRC)’’. (CP) or Vocational Rehabilitation
Under 38 U.S.C. Chapter 35 ■ b. In paragraph (c), removing Counselor (VRC)’’.
‘‘counseling psychologist’’ and adding,
■ 18. The authority citation for part 21, § 21.6515 [Amended]
in its place, ‘‘CP or VRC’’.
subpart C, continues to read as follows: ■ 33. Amend the first sentence of
§ 21.6056 [Amended] § 21.6515(a) by removing ‘‘counseling
Authority: 38 U.S.C. 501(a), 512, 3500–
3566, and as noted in specific sections. ■ 26. Amend § 21.6056 by: psychologist’’ and adding, in its place,
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![Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations 26133
‘‘Counseling Psychologist (CP) or accompanied by a written comment. section 128 of the CAA. The 2013
Vocational Rehabilitation Counselor The written comment is considered the revision incorporated portions of the
(VRC)’’. official comment and should include Annotated Code of Maryland Title 15
[FR Doc. 2016–10112 Filed 4–29–16; 8:45 am] discussion of all points you wish to (Public Ethics) into the Maryland SIP.
BILLING CODE 8320–01–P
make. The EPA will generally not Subsequently, Maryland made revisions
consider comments or comment to its Annotated Code which included
contents located outside of the primary relocating the ethics provisions from
submission (i.e. on the web, cloud, or Title 15 to Title 5, as well as minor
ENVIRONMENTAL PROTECTION
other file sharing system). For wording changes. Maryland is
AGENCY
additional submission methods, please requesting that EPA remove the
40 CFR Part 52 contact the person identified in the ‘‘For previously approved portions of Title 15
Further Information Contact’’ section. from its SIP and replace those
[EPA–R03–OAR–2016–0127; FRL–9945–44– For the full EPA public comment policy, provisions with the most recent portions
Region 3] of the Annotated Code of Maryland Title
information about CBI or multimedia
submissions, and general guidance on 5 (Maryland Public Ethics Laws) which
Approval and Promulgation of Air
making effective comments, please visit address CAA section 128 requirements.
Quality Implementation Plans;
http://www2.epa.gov/dockets/ The Secretary of MDE and the state
Maryland; State Board Requirements
commenting-epa-dockets. employees subordinate to that position,
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT:
as well as state employees at the PSC are
Agency (EPA). Ruth Knapp, (215) 814–2191, or by subject to the requirements of Title 5.
ACTION: Direct final rule.
EPA is removing the previously
email at knapp.ruth@epa.gov.
approved portions of Title 15, including
SUPPLEMENTARY INFORMATION: these portions of: Subtitle 1, sections
SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final I. Background 15–102 and 15–103; and subtitle 6,
action to approve revisions to the sections 15–601, 15–602, 15–607, and
Section 128 of the CAA requires SIPs 15–608. In order to continue to meet the
Maryland State Implementation Plan
to comply with requirements for state requirements of CAA section 128, EPA
(SIP). The SIP revision removes the
boards. Section 128(a) requires SIPs to is incorporating as requested by
current SIP approved state board
contain provisions that: (1) Any board Maryland the relevant ethics provisions
requirements and replaces them with an
or body which approves permits or of Title 5 (Maryland Public Ethics Laws)
updated version of the requirements.
enforcement orders under the CAA shall including portions of: Subtitle 1,
The new provisions continue to address
have at least a majority of its members sections 5–101, 5–103; Subtitle 2,
state board requirements for all the
represent the public interest and not section 5–208; Subtitle 5, section 5–501;
National Ambient Air Quality Standards
derive any significant portion of their and Subtitle 6, sections 5–601, 5–602,
(NAAQS). The revision is being done
income from persons subject to permits 5–606, 5–607, and 5–608. The State
because the Maryland legislature
or enforcement orders under the CAA; effective date for all these provisions in
revised Maryland’s statutory
and (2) any potential conflict of interest Title 5 of the Maryland Annotated Code
requirements related to state boards and
by members of such board or body or subsections is October 1, 2014.
the State wants the most recent version
the head of an executive agency with
in its SIP. EPA is approving these III. EPA’s Analysis of Maryland’s SIP
similar powers be adequately disclosed.
revisions to state board requirements in Revision
The requirements of section 128(a)(1)
accordance with the requirements of the
are not applicable to Maryland because Section 128(a)(2) requires that each
Clean Air Act (CAA).
it does not have any board or body state SIP demonstrate that the head of
DATES: This rule is effective on July 1, which approves air quality permits or all boards, bodies or heads of executive
2016 without further notice, unless EPA enforcement orders. The requirements agencies which approve CAA permits or
receives adverse written comment by of section 128(a)(2), however, are enforcement orders disclose any
June 1, 2016. If EPA receives such applicable because the heads of the potential conflicts of interest. The
comments, it will publish a timely Maryland Department of the Secretary of MDE or his/her designee
withdrawal of the direct final rule in the Environment (MDE) and the Maryland approves all CAA permits or
Federal Register and inform the public Public Service Commission (PSC) or enforcement orders in Maryland with
that the rule will not take effect. their designees approve permits or the exception of pre-construction
ADDRESSES: Submit your comments, enforcement orders. permits for electric generating stations
identified by Docket ID No. EPA–R03– that receive a Certificate of Public
OAR–2016–0127 at http:// II. Summary of SIP Revision Convenience and Necessity (CPCN)
www.regulations.gov, or via email to On February 17, 2016, the State of from the PSC. MDE is an executive
fernandez.cristina@epa.gov. For Maryland submitted a formal revision agency that acts through its Secretary or
comments submitted at Regulations.gov, (#16–03) to its SIP. The SIP revision a delegated subordinate employee. The
follow the online instructions for submittal requests EPA to remove the PSC also acts through its Commissioners
submitting comments. Once submitted, currently approved state board statutory or delegated subordinates to approve
comments cannot be edited or removed provisions and replace them in the permits. In the February 17, 2016 SIP
from Regulations.gov. For either manner Maryland SIP with the updated revision submittal, Maryland requested
of submission, the EPA may publish any statutory provisions so that the SIP removal of outdated provisions of Title
mstockstill on DSK3G9T082PROD with RULES
comment received to its public docket. includes the most recent state statutes 15 of the Annotated Code which address
Do not submit electronically any that are applicable to the section 128 disclosure of conflicts of interest as
information you consider to be CAA requirements pertaining to state required by section 128 of the CAA and
confidential business information (CBI) boards. submitted recently revised provisions of
or other information whose disclosure is On December 6, 2013 (78 FR 73442), Title 5 of the Annotated Code of
restricted by statute. Multimedia EPA approved a Maryland SIP revision Maryland for inclusion into the SIP as
submissions (audio, video, etc.) must be which addressed the requirements of required to continue to address
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Document Created: 2016-04-30 13:35:17
Document Modified: 2016-04-30 13:35:17
| 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. | |
| Contact | C.J. Riley, Policy Analyst, Vocational Rehabilitation and Employment Service (28), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9600. (This is not a toll-free telephone number.) | |
| FR Citation | 81 FR 26130 | |
| RIN Number | 2900-AP65 | |
| CFR Associated | 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 and Vocational Rehabilitation |
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