82 FR 11153 - Veterans Benefits Administration; Loan Guaranty: Technical Corrections
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 82, Issue 33 (February 21, 2017)
Federal Register Volume 82, Issue 33 (February 21, 2017)
| Page Range | 11153-11154 | |
| FR Document | 2017-03329 |
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)] [Rules and Regulations] [Pages 11153-11154] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03329] ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 36 RIN 2900-AP95 Veterans Benefits Administration; Loan Guaranty: Technical Corrections AGENCY: Department of Veterans Affairs. ACTION: Final rule; correcting amendment. ----------------------------------------------------------------------- SUMMARY: On June 15, 2010, VA published a document in the Federal Register eliminating redundant provisions from its loan guaranty regulations following the implementation of a new electronic reporting system and redesignating the section numbers of these regulations. At that time, VA did not update cross-reference citations to conform to the redesignated sections. A subsequent notice updated some, but not all, cross-reference citations. VA is now updating the remaining non- substantive, cross-reference citations for clarity and accuracy. DATES: This correction is effective on February 21, 2017. FOR FURTHER INFORMATION CONTACT: Jeffrey F. London, Director, Loan Guaranty Service (26), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-8862. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: On June 15, 2010, at 75 FR 33704, VA amended what had been the 36.4800 series of 38 CFR part 36 to eliminate redundant and obsolete regulations, found from 38 CFR 36.4800 through 36.4893, and redesignated those sections as CFR 36.4300 through 36.4393. On October 22, 2010, at 75 FR 65238, VA amended the cross- references in the 36.4300 series to reflect the June 15, 2010, amendments. At that time, VA inadvertently failed to update a number of cross-references. Additionally, VA attempted to amend 38 CFR 36.4309(c)(1)(vii) to replace a reference to 36.4826 with a reference to 36.4326. However, VA erroneously cited paragraph (c)(1)(vi) as containing the reference to 36.4826. Consequently, the Electronic Code of Federal Regulations, published by the Government Printing Office, could not implement the change, noting an ``inaccurate amendatory instruction'' at the bottom of 38 CFR 36.4309. With this notice, VA is amending Sec. Sec. 36.4309, 36.4322, 36.4335, and 36.4378, to correct the outdated cross-references to the 36.4800 series regulations. 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. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on February 15, 2017, for publication. List of Subjects in 38 CFR Part 36 Condominiums, Housing, Individuals with disabilities, Loan programs--housing and community development, Loan programs--veterans, Manufactured homes, Mortgage insurance, Reporting and recordkeeping requirements, Veterans. Correction For the reasons discussed in the preamble, VA is amending 38 CFR part 36 with the following correcting amendments: PART 36--LOAN GUARANTY 0 1. The authority citation for part 36 continues to read as follows: Authority: 38 U.S.C. 501 and as otherwise noted. Sec. 36.4309 [Amended] 0 2. In Sec. 36.4309, amend paragraph (c)(1)(vii) by removing ``36.4826'' and adding in its place ``36.4326''. Sec. 36.4322 [Amended] 0 3. In Sec. 36.4322, amend paragraphs (b)(2) and (3) by removing ``38 CFR 36.4848'' and adding in its place ``38 CFR 36.4348''. Sec. 36.4335 [Amended] 0 4. Amend Sec. 36.4335 by removing ``Sec. Sec. 36.4800 to 36.4880'' and adding in its place ``Sec. Sec. 36.4300 to 36.4380''. 0 5. Revise the section heading for Sec. 36.4378 to read as follows: Sec. 36.4378 Debits and credits to insurance account under Sec. 36.4320. * * * * * [[Page 11154]] Approved: February 15, 2017. Jeffrey Martin, Office Program Manager, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. [FR Doc. 2017-03329 Filed 2-17-17; 8:45 am] BILLING CODE 8320-01-P
![Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations 11153
active duty as described in DoD policy § 17.380 [Amended] reference to 36.4826. Consequently, the
guidance. ■ 2. In § 17.380 paragraph (b), remove Electronic Code of Federal Regulations,
In paragraph (b) of both §§ 17.380 and ‘‘2017’’ and add in its place ‘‘2018’’. published by the Government Printing
17.412 we incorrectly stated that Office, could not implement the change,
authority to provide health care services § 17.412 [Amended] noting an ‘‘inaccurate amendatory
under these sections expires on ■ 3. In § 17.412 paragraph (b), remove instruction’’ at the bottom of 38 CFR
September 30, 2017, the end of fiscal ‘‘2017’’ and add in its place ‘‘2018’’. 36.4309.
year 2017. In this correction, we amend [FR Doc. 2017–03319 Filed 2–17–17; 8:45 am]
With this notice, VA is amending
both paragraphs to reflect that authority §§ 36.4309, 36.4322, 36.4335, and
BILLING CODE 8320–01–P
to provide health care services under 36.4378, to correct the outdated cross-
these sections expires on September 30, references to the 36.4800 series
2018. DEPARTMENT OF VETERANS regulations.
Signing Authority AFFAIRS Signing Authority
The Secretary of Veterans Affairs, or 38 CFR Part 36 The Secretary of Veterans Affairs, or
designee, approved this document and designee, approved this document and
RIN 2900–AP95 authorized the undersigned to sign and
authorized the undersigned to sign and
submit the document to the Office of the submit the document to the Office of the
Veterans Benefits Administration;
Federal Register for publication Federal Register for publication
Loan Guaranty: Technical Corrections
electronically as an official document of electronically as an official document of
the Department of Veterans Affairs. Gina AGENCY:Department of Veterans Affairs. the Department of Veterans Affairs. Gina
S. Farrisee, Deputy Chief of Staff, Final rule; correcting
ACTION: S. Farrisee, Deputy Chief of Staff,
Department of Veterans Affairs, amendment. Department of Veterans Affairs,
approved this document on February approved this document on February
15, 2017, for publication. SUMMARY: On June 15, 2010, VA 15, 2017, for publication.
published a document in the Federal
List of Subjects in 38 CFR Part 17 Register eliminating redundant List of Subjects in 38 CFR Part 36
Administrative practice and provisions from its loan guaranty Condominiums, Housing, Individuals
procedure, Alcohol abuse, Alcoholism, regulations following the with disabilities, Loan programs—
Claims, Day care, Dental health, Drug implementation of a new electronic housing and community development,
abuse, Government contracts, Grant reporting system and redesignating the Loan programs—veterans, Manufactured
programs—health, Grant programs— section numbers of these regulations. At homes, Mortgage insurance, Reporting
veterans, Health care, Health facilities, that time, VA did not update cross- and recordkeeping requirements,
Health professions, Health records, reference citations to conform to the Veterans.
Homeless, Medical and Dental schools, redesignated sections. A subsequent
notice updated some, but not all, cross- Correction
Medical devices, Medical research,
Mental health programs, Nursing reference citations. VA is now updating For the reasons discussed in the
homes, Reporting and recordkeeping the remaining non-substantive, cross- preamble, VA is amending 38 CFR part
requirements, Travel and transportation reference citations for clarity and 36 with the following correcting
expenses, Veterans. accuracy. amendments:
Dated: February 15, 2017. DATES: This correction is effective on
PART 36—LOAN GUARANTY
Janet Coleman,
February 21, 2017.
Chief, Office of Regulation Policy & FOR FURTHER INFORMATION CONTACT: ■ 1. The authority citation for part 36
Management, Office of the Secretary, Jeffrey F. London, Director, Loan continues to read as follows:
Department of Veterans Affairs. Guaranty Service (26), Veterans Benefits Authority: 38 U.S.C. 501 and as otherwise
Administration, Department of Veterans noted.
For the reasons set out in the
Affairs, 810 Vermont Avenue NW.,
preamble, VA is correcting 38 CFR part § 36.4309 [Amended]
Washington, DC 20420, (202) 632–8862.
17 by making the following correcting
(This is not a toll-free number.) ■ 2. In § 36.4309, amend paragraph
amendments:
SUPPLEMENTARY INFORMATION: On June (c)(1)(vii) by removing ‘‘36.4826’’ and
PART 17—MEDICAL 15, 2010, at 75 FR 33704, VA amended adding in its place ‘‘36.4326’’.
what had been the 36.4800 series of 38
■ 1. The authority citation for part 17 CFR part 36 to eliminate redundant and § 36.4322 [Amended]
continues to read as follows: obsolete regulations, found from 38 CFR ■ 3. In § 36.4322, amend paragraphs
Authority: 38 U.S.C. 501, and as noted in 36.4800 through 36.4893, and (b)(2) and (3) by removing ‘‘38 CFR
specific sections. redesignated those sections as CFR 36.4848’’ and adding in its place ‘‘38
Section 17.38 is also issued under 38 36.4300 through 36.4393. CFR 36.4348’’.
U.S.C. 101, 501, 1701, 1705, 1710, 1710A, On October 22, 2010, at 75 FR 65238,
1721, 1722, 1782, and 1786. VA amended the cross-references in the § 36.4335 [Amended]
Sections 17.380 and 17.412 are also issued 36.4300 series to reflect the June 15, ■ 4. Amend § 36.4335 by removing
under sec. 260, Public Law 114–223, 130 2010, amendments. At that time, VA ‘‘§§ 36.4800 to 36.4880’’ and adding in
Stat. 857. inadvertently failed to update a number
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its place ‘‘§§ 36.4300 to 36.4380’’.
Section 17.415 is also issued under 38 of cross-references. Additionally, VA
U.S.C. 7301, 7304, 7402, and 7403. ■ 5. Revise the section heading for
Sections 17.640 and 17.647 are also issued
attempted to amend 38 CFR § 36.4378 to read as follows:
under sec. 4, Public Law 114–2, 129 Stat. 30. 36.4309(c)(1)(vii) to replace a reference
Sections 17.641 through 17.646 are also to 36.4826 with a reference to 36.4326. § 36.4378 Debits and credits to insurance
issued under 38 U.S.C. 501(a) and sec. 4, However, VA erroneously cited account under § 36.4320.
Public Law 114–2, 129 Stat. 30. paragraph (c)(1)(vi) as containing the * * * * *
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![11154 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations
Approved: February 15, 2017. Vermont Ave. NW., Washington DC occur, must inform VA’s Center for
Jeffrey Martin, 20420, phone (202) 461–4300. Verification and Evaluation (CVE) of
Office Program Manager, Office of Regulation SUPPLEMENTARY INFORMATION: In a final any changes that would adversely affect
Policy & Management, Office of the Secretary, rule published in the Federal Register its eligibility. Moreover, in accordance
Department of Veterans Affairs. on February 8, 2010, (73 FR 6098), VA with 38 CFR part 74.20(a), VA has the
[FR Doc. 2017–03329 Filed 2–17–17; 8:45 am] established new 38 CFR part 74 setting right to conduct random, unannounced
BILLING CODE 8320–01–P forth a mechanism for verifying site examinations of participants or to
ownership and control of VOSBs, conduct a further examination upon
including SDVOSBs. At that time, with receipt of specific and credible
DEPARTMENT OF VETERANS respect to 38 CFR 74.15, VA anticipated information that a participant is no
AFFAIRS that annual examinations were longer eligible. Lastly, in the course of
necessary to ensure the integrity of the specific SDVOSB/VOSB set-aside
38 CFR Part 74 acquisitions, VA contracting officers
Verification Program. This was deemed
RIN 2900–AP93 consistent with the annual Federal size and also competing SDVOSB/VOSBs
and status recertification requirement in have the right to raise a SDVOSB/VOSB
VA Veteran-Owned Small Business the Central Contractor Registry. In June status protest to VA’s Office of Small
Verification Guidelines 2012, the period was extended to two and Disadvantaged Business Utilization
years. Subsequently, VA has determined (OSDBU) if either has a reasonable basis
AGENCY: Department of Veterans Affairs. upon which to challenge the SDVOSB/
that a three-year eligibility period is
ACTION: Interim final rule. warranted. VOSB status of a verified firm.
Establishment of a longer, 3-year
SUMMARY: This document implements a In administering this program since
eligibility period is consistent with
portion of the Veterans Benefits, Health February 2010, VA has concluded that
other Federal set-aside programs. With
Care, and Information Technology Act an annual examination is not necessary
respect to the Historically Underutilized
of 2006, which requires the Department to adequately maintain the integrity of
Business Zone (HUBZone) small
of Veterans Affairs (VA) to verify the program and proposes a 3-year
business certification program, U.S.
ownership and control of veteran- eligibility period. This change is
Small Business Administration (SBA)
owned small businesses (VOSB), appropriate because VA conducts a
regulations at 13 CFR 126.500 require
including service-disabled veteran- robust examination of personal and that any qualified HUBZone small
owned small businesses (SDVOSB) in company documentation to verify business concern seeking to remain on
order for these firms to participate in ownership and control by Veterans of the HUBZone approved list must
VA acquisitions set-aside for SDVOSB/ applicant businesses. In addition to recertify every 3 years with SBA. With
VOSBs. This interim final rule contains verifying individual owners’ service- regard to SBA’s Section 8(a) Business
a minor revision to require re- disabled veteran status or veteran status, Development program, SBA authorizes a
verification of SDVOSB/VOSB status in accordance with 38 CFR 74.20(b), VA program term of up to 9 years in 13 CFR
only every three years rather than reviews an applicant’s financial 124.2. For VA’s SDVOSB/VOSB
biennially. The purpose of this change statements; Federal personal and verification program, VA has now
is to reduce the administrative burden business tax returns; personal history determined that a program term of 3
on SDVOSB/VOSBs regarding statements; articles of incorporation/ years is reasonable given the mandatory
participation in VA acquisitions set organization; corporate by-laws or nature of VA’s SDVOSB/VOSB set-aside
asides for these types of firms. operating agreements; organizational, authority in contrast to the discretionary
annual and board/member meeting nature of the HUBZone and Section 8(a)
DATES:
records; stock ledgers and certificates; set-aside programs. In accordance with
Effective Date: February 21, 2017. State-issued certificates of good
Comment Date: Comments must be 38 U.S.C. 8127 and VA Acquisition
standing; contract, lease and loan Regulation, 48 CFR part 819, VA is
received on or before April 24, 2017. agreements; payroll records; bank required to set aside any open market
ADDRESSES: Written comments may be account signature cards; and licenses. procurement for SDVOSBs and then
submitted by: Mail or hand-delivery to Given the depth of this review, annual VOSBs, first and second respectively, if
Director, Regulations Management or biennial re-verification examinations two or more such concerns are
(00REG1), Department of Veterans have become an unnecessary reasonably anticipated to submit offers
Affairs, 810 Vermont Ave. NW., Room administrative burden on both at fair and reasonable pricing. Given the
1068, Washington, DC 20420; fax to applicants/participants and VA. large volume of appropriated funds
(202) 273–9026; or email through http:// Given this extensive initial subject to these set-aside requirements,
www.Regulations.gov. Comments examination, VA is confident that the a 3-year eligibility period prior to re-
should indicate that they are submitted integrity of the verification program will examination is deemed reasonable to
in response to ‘‘RIN 2900–AP93—VA not be compromised by establishing a 3- adequately balance the burden on
Veteran-Owned Small Business year eligibility period. This is borne out SDVOSB/VOSBs and to protect the
Verification Guidelines.’’ All comments by fiscal year 2016 data that shows that integrity of the program.
received will be available for public out of 1,109 reverification applications,
inspection in the Office of Regulation only ten were denied. Therefore, only Administrative Procedure Act
Policy and Management, Room 1063B, 0.9 percent of firms submitting The Secretary of Veterans Affairs
between the hours of 8 a.m. and 4:30 reverification applications were found finds good cause to issue this interim
p.m., Monday through Friday (except to be ineligible after two years. Other final rule prior to notice and comment
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holidays). Please call (202) 273–9515 for integrity aspects of the program remain procedures. The interim rule makes a
an appointment. adequate to oversee a 3-year eligibility minor modification to extend the
FOR FURTHER INFORMATION CONTACT: period. Once verified, 38 CFR 74.15(a) eligibility period for SDVOSB/VOSBs
Thomas McGrath, Director, Center for mandates that the participant must after VA’s initial robust verification
Verification and Evaluation (00VE), maintain its eligibility during its tenure examination and approval from 2 years
Department of Veterans Affairs, 810 and, if ownership or control changes to 3 years. The rule will reduce the
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Document Created: 2018-02-01 15:04:44
Document Modified: 2018-02-01 15:04:44
| 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; correcting amendment. | |
| Dates | This correction is effective on February 21, 2017. | |
| Contact | Jeffrey F. London, Director, Loan Guaranty Service (26), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-8862. (This is not a toll-free number.) | |
| FR Citation | 82 FR 11153 | |
| RIN Number | 2900-AP95 | |
| CFR Associated | Condominiums; Housing; Individuals with Disabilities; Loan Programs-Housing and Community Development; Loan Programs-Veterans; Manufactured Homes; Mortgage Insurance; Reporting and Recordkeeping Requirements and Veterans |
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