83 FR 52322 - Net Worth, Asset Transfers, and Income Exclusions for Needs-Based Benefits
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 83, Issue 201 (October 17, 2018)
Federal Register Volume 83, Issue 201 (October 17, 2018)
| Page Range | 52322-52323 | |
| FR Document | 2018-22564 |
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)] [Rules and Regulations] [Pages 52322-52323] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22564] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900-AO73 Net Worth, Asset Transfers, and Income Exclusions for Needs-Based Benefits AGENCY: Department of Veterans Affairs. ACTION: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: On September 18, 2018, the Department of Veterans Affairs (VA) published a final rule amending its regulations governing veterans' eligibility for VA pensions and other needs-based benefit programs. The final rule contained some errors in its preamble and in one amendment to the CFR. This document corrects those errors. DATES: These corrections are effective on October 18, 2018. FOR FURTHER INFORMATION CONTACT: Marie Gregory, Assistant Director, Pension and Fiduciary Service, Veterans Benefits Administration, Department of Veterans Affairs, 21P1, 810 Vermont Ave. NW, Washington, DC 20420, (202) 632-8863. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: In FR Doc. No. 2018-19895 appearing on page 47246 in the Federal Register of Tuesday, September 18, 2018, the following corrections are made: Corrections 1. On page 47260, third column, under the heading ``1. Changes to Exclusions,'' add the following paragraph: ``At the outset, as a technical matter, the paragraph proposed as Sec. 3.279(a) is recharacterized in this final rule as an introductory paragraph. Thus, proposed paragraphs (b) through (e) are recharacterized as final paragraphs (a) through (d), respectively.'' 2. On page 47261, first column, in the first full paragraph, the third and fourth sentences are corrected to read as follows: ``We have made this addition to final Sec. Sec. 3.261, 3.262, and 3.272, and final Sec. 3.279 lists this exclusion at paragraph (d)(1). Given this addition and the recharacterization of proposed paragraphs (b) through (e) discussed above, we have renumbered proposed Sec. 3.279(e)(1) through (8) as final Sec. 3.279(d)(2) through (9), respectively.'' 3. On page 47261, second column, in the first paragraph, the third sentence is corrected to read as follows: ``Final Sec. 3.279(b)(1), (2), and (3) use the term ``assets'' in the first column rather than the term ``net worth'' as proposed.'' 4. On page 47261, third column, in the second paragraph, the fourth sentence is corrected to read as follows: ``We make no substantive change based on this comment because the $2,000 cap is statutory.'' 5. On page 47261, third column, in the fourth paragraph, the first and second sentences are corrected to read as follows: ``One commenter opined that the exclusion at proposed Sec. 3.279(b)(1) was erroneous because it ``is inconsistent with 25 U.S.C. 1408'' and because [[Page 52323]] ``relocation payments under 25 U.S.C. 1408 are treated as assets.'' We make no substantive change because the statute cited, section 1408, pertains to interests of American Indians in trusts or restricted lands and is listed in final Sec. 3.279(b)(2), where we note such payments are excluded from income (up to $2,000 per year) and assets.'' 6. On page 47261, third column, in the fifth paragraph, the first sentence is corrected to read as follows: ``However, the commenter goes on to quote from 42 U.S.C. 4636, which is the basis of the relocation payment exclusion listed at final Sec. 3.279(a)(1).'' 7. On page 47262, first column, in the first full paragraph, second sentence is corrected to read as follows: ``This payment type was listed as an income exclusion at proposed Sec. 3.279(d)(1) and is now at final Sec. 3.279(c)(1).'' 8. On page 47262, first column, in the first full paragraph, the fourth sentence is corrected to read as follows: ``Therefore, the only substantive change we make here is to update the statutory citation.'' 9. On page 47262, first column, the second paragraph is corrected to read as follows: ``Similarly, the same commenter stated that payments to AmeriCorps participants, listed as an exclusion from income at proposed Sec. 3.279(d)(2), should not be considered an asset for the annualization period in which the payment is received. Since the statutory authority for this exclusion, 42 U.S.C. 12637(d), does not authorize the exclusion of these payments from assets, we make no substantive changes based on this comment.'' 10. On page 47263, first column, in the first paragraph under the heading ``3. Distribution and Derivation Tables for Exclusions,'' the fifth sentence is corrected to read as follows: ``The derivation table here corrects one error from the table providing this information in the proposed rule, and updates the paragraphs in accord with the recharacterization of proposed paragraphs (b) through (e) discussed above.'' 11. On page 47263, second column, table 2 is corrected to read as follows: Table 2--Section 3.279 Derivation From Previous Sec. 3.272 ------------------------------------------------------------------------ Derived from previous Sec. New Sec. 3.279 3.272 (or ``New'') ------------------------------------------------------------------------ 3.279(a)(1)........................... New. 3.279(a)(2)........................... 3.272(v). 3.279(a)(3)........................... 3.272(p). 3.279(a)(4)........................... New. 3.279(a)(5)........................... 3.272(o). 3.279(a)(6)........................... 3.272(u). 3.279(a)(7)........................... New. 3.279(b)(1)........................... New. 3.279(b)(2)........................... 3.272(r). 3.279(b)(3) through (b)(5)............ New. 3.279(b)(6)........................... 3.272(t). 3.279(b)(7) through (c)(2)............ New. 3.279(c)(3)........................... 3.272(k). 3.279(d)(1) through (d)(9)............ New. ------------------------------------------------------------------------ 12. On page 47263, second column, table 3 is corrected to read as follows: Table 3--Previous Sec. 3.272 Distribution ------------------------------------------------------------------------ Distributed to or no change in Previous Sec. 3.272 location ------------------------------------------------------------------------ 3.272(a) through (j).................. No change. 3.272(k).............................. 3.279(c)(3). 3.272(l) through (n).................. No change. 3.272(o).............................. 3.279(a)(5). 3.272(p).............................. 3.279(a)(3). 3.272(q).............................. 3.272(o). 3.272(r).............................. 3.279(b)(2). 3.272(s).............................. 3.272(p). 3.272(t).............................. 3.279(b)(6). 3.272(u).............................. 3.279(a)(6). 3.272(v).............................. 3.279(a)(2). 3.272(w).............................. Removed. 3.272(x).............................. 3.272(q). ------------------------------------------------------------------------ 13. On page 47267, first column, in the third paragraph, the second sentence is corrected to read as follows: ``We are spelling out the acronym ``aka'' used in proposed Sec. 3.279(a) (now the introductory paragraph to final Sec. 3.279), and making a technical correction to proposed Sec. 3.279(e)(9) (now final Sec. 3.279(d)(9)) to correctly refer to subchapter I instead of subchapter 1 as the authority for excluding as income annuities received under the Retired Serviceman's Family Protection Plan.'' 0 14. On page 47269, first column, in added paragraph (u) in the amendments to Sec. 3.262, the second sentence is corrected to read as follows: Sec. 3.262 [Corrected] * * * * * (u) * * * See Sec. 3.279(d)(1). * * * * * Approved: October 12, 2018. Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. [FR Doc. 2018-22564 Filed 10-16-18; 8:45 am] BILLING CODE 8320-01-P
![52322 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
F. Environment to 30°14′27″ N; 081°38′35″ W, thence eligibility for VA pensions and other
We have analyzed this rule under west to 30°14′27″ N, 081°39′45″ W, and needs-based benefit programs. The final
Department of Homeland Security thence along the shore line back to the rule contained some errors in its
Directive 023–01 and Commandant beginning point. These coordinates are preamble and in one amendment to the
Instruction M16475.1D, which guide the based on North American Datum 1983. CFR. This document corrects those
Coast Guard in complying with the (b) Definition. The term ‘‘designated errors.
National Environmental Policy Act of representative’’ means a Coast Guard DATES: These corrections are effective
1969 (42 U.S.C. 4321–4370f), and have Patrol Commander, including a Coast on October 18, 2018.
determined that this action is one of a Guard coxswain, petty officer, or other
FOR FURTHER INFORMATION CONTACT:
category of actions that do not officer operating a Coast Guard vessel
Marie Gregory, Assistant Director,
individually or cumulatively have a and a Federal, State, and local officer
Pension and Fiduciary Service, Veterans
significant effect on the human designated by or assisting the Captain of
Benefits Administration, Department of
environment. This rule involves a safety the Port Jacksonville (COTP) in the
Veterans Affairs, 21P1, 810 Vermont
zone lasting nine hours daily that enforcement of the safety zone.
Ave. NW, Washington, DC 20420, (202)
prohibits persons and vessels from (c) Regulations. (1) All persons and
632–8863. (This is not a toll-free
entering, transiting through, remaining vessels are prohibited from entering,
number.)
within, within, or anchoring in an area transiting through, anchoring in, or
of approximately one square mile. remaining within the regulated area SUPPLEMENTARY INFORMATION: In FR Doc.
Normally such actions are categorically unless authorized by the Captain of the No. 2018–19895 appearing on page
excluded from further review under Port Jacksonville or a designated 47246 in the Federal Register of
paragraph L60(a) of Appendix A, Table representative. Tuesday, September 18, 2018, the
1 of DHS Instruction Manual 023–01– (2) Persons and vessels desiring to following corrections are made:
001–01, Rev. 01. A Record of enter, transit through, anchor in, or Corrections
Environmental Consideration remain within the regulated area may
contact the Captain of the Port 1. On page 47260, third column,
supporting this determination is
Jacksonville by telephone at (904) 714– under the heading ‘‘1. Changes to
available in the docket where indicated
7557, or a designated representative via Exclusions,’’ add the following
under ADDRESSES.
VHF–FM radio on channel 16, to paragraph:
G. Protest Activities request authorization. If authorization is ‘‘At the outset, as a technical matter,
The Coast Guard respects the First granted, all persons and vessels the paragraph proposed as § 3.279(a) is
Amendment rights of protesters. receiving such authorization must recharacterized in this final rule as an
Protesters are asked to contact the comply with the instructions of the introductory paragraph. Thus, proposed
person listed in the FOR FURTHER COTP Jacksonville or a designated paragraphs (b) through (e) are
INFORMATION CONTACT section to representative. recharacterized as final paragraphs (a)
coordinate protest activities so that your (3) The Coast Guard will provide through (d), respectively.’’
message can be received without notice of the regulated area through 2. On page 47261, first column, in the
jeopardizing the safety or security of Broadcast Notice to Mariners via VHF– first full paragraph, the third and fourth
people, places or vessels. FM channel 16 or by on-scene sentences are corrected to read as
designated representatives. follows:
List of Subjects in 33 CFR Part 165 ‘‘We have made this addition to final
(d) Enforcement period. This rule will
Harbors, Marine Safety, Navigation be enforced daily from 8 a.m. until 5 §§ 3.261, 3.262, and 3.272, and final
(water), Reporting and recordkeeping p.m. from October 26, 2018 through § 3.279 lists this exclusion at paragraph
requirements, Security measures, October 28, 2018. (d)(1). Given this addition and the
Waterways. recharacterization of proposed
Dated: October 11, 2018. paragraphs (b) through (e) discussed
For the reasons discussed in the
T.C. Wiemers, above, we have renumbered proposed
preamble, the Coast Guard amends 33
CFR part 165 as follows: Captain, U.S. Coast Guard, Captain of the § 3.279(e)(1) through (8) as final
Port Jacksonville. § 3.279(d)(2) through (9), respectively.’’
PART 165—REGULATED NAVIGATION [FR Doc. 2018–22519 Filed 10–16–18; 8:45 am] 3. On page 47261, second column, in
AREAS AND LIMITED ACCESS AREAS BILLING CODE 9110–04–P the first paragraph, the third sentence is
corrected to read as follows:
■ 1. The authority citation for part 165 ‘‘Final § 3.279(b)(1), (2), and (3) use
continues to read as follows: DEPARTMENT OF VETERANS the term ‘‘assets’’ in the first column
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; AFFAIRS rather than the term ‘‘net worth’’ as
33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; proposed.’’
Department of Homeland Security Delegation 38 CFR Part 3 4. On page 47261, third column, in
No. 0170.1. the second paragraph, the fourth
RIN 2900–AO73
■ 2. Add § 165.T07–0232 to read as sentence is corrected to read as follows:
follows: Net Worth, Asset Transfers, and ‘‘We make no substantive change
Income Exclusions for Needs-Based based on this comment because the
§ 165.T07–0232 Safety Zone, Blue Angels $2,000 cap is statutory.’’
Air Show; St. Johns River, Jacksonville, FL.
Benefits
5. On page 47261, third column, in
(a) Regulated area. The following area
daltland on DSKBBV9HB2PROD with RULES
AGENCY: Department of Veterans Affairs. the fourth paragraph, the first and
is a safety zone: All waters of the St. ACTION: Final rule; correction. second sentences are corrected to read
Johns River, from surface to bottom, as follows:
encompassed by a line connecting the SUMMARY: On September 18, 2018, the ‘‘One commenter opined that the
following points beginning at 30°13′41″ Department of Veterans Affairs (VA) exclusion at proposed § 3.279(b)(1) was
N; 081°39′45″ W, thence due east to, published a final rule amending its erroneous because it ‘‘is inconsistent
30°13′41″ N; 081°38′35″ W, thence south regulations governing veterans’ with 25 U.S.C. 1408’’ and because
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![Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations 52323
‘‘relocation payments under 25 U.S.C. TABLE 2—SECTION 3.279 DERIVATION POSTAL SERVICE
1408 are treated as assets.’’ We make no FROM PREVIOUS § 3.272—Continued
substantive change because the statute 39 CFR Part 20
cited, section 1408, pertains to interests Derived from
of American Indians in trusts or New § 3.279 previous § 3.272 International Competitive Services
restricted lands and is listed in final (or ‘‘New’’) Product and Price Changes
§ 3.279(b)(2), where we note such 3.279(a)(5) ...................... 3.272(o). AGENCY: Postal ServiceTM.
payments are excluded from income (up 3.279(a)(6) ...................... 3.272(u). ACTION: Final rule.
to $2,000 per year) and assets.’’ 3.279(a)(7) ...................... New.
6. On page 47261, third column, in 3.279(b)(1) ...................... New. SUMMARY: The Postal Service is revising
the fifth paragraph, the first sentence is 3.279(b)(2) ...................... 3.272(r). Mailing Standards of the United States
corrected to read as follows: 3.279(b)(3) through (b)(5) New. Postal Service, International Mail
‘‘However, the commenter goes on to 3.279(b)(6) ...................... 3.272(t). Manual (IMM®), to reflect the prices,
quote from 42 U.S.C. 4636, which is the 3.279(b)(7) through (c)(2) New.
3.279(c)(3) ...................... 3.272(k).
product features, and classification
basis of the relocation payment changes to Competitive Services, as
3.279(d)(1) through (d)(9) New.
exclusion listed at final § 3.279(a)(1).’’ established by the Governors of the
7. On page 47262, first column, in the 12. On page 47263, second column, Postal Service.
first full paragraph, second sentence is table 3 is corrected to read as follows: DATES: Effective date: January 27, 2019.
corrected to read as follows:
FOR FURTHER INFORMATION CONTACT:
‘‘This payment type was listed as an
TABLE 3—PREVIOUS § 3.272 Paula Rabkin at 202–268–2537.
income exclusion at proposed
§ 3.279(d)(1) and is now at final DISTRIBUTION SUPPLEMENTARY INFORMATION: New
§ 3.279(c)(1).’’ prices will be posted under Docket
Distributed to or Number CP2019–3 on the Postal
8. On page 47262, first column, in the Previous § 3.272 no change in
first full paragraph, the fourth sentence location Regulatory Commission website at
is corrected to read as follows: http://www.prc.gov.
‘‘Therefore, the only substantive 3.272(a) through (j) ......... No change. Over the course of time, country
change we make here is to update the 3.272(k) ........................... 3.279(c)(3). names have changed due to a variety of
statutory citation.’’ 3.272(l) through (n) ......... No change. political or cultural reasons. In
9. On page 47262, first column, the 3.272(o) ........................... 3.279(a)(5). collaboration with International Postal
3.272(p) ........................... 3.279(a)(3). Affairs and requests made through the
second paragraph is corrected to read as 3.272(q) ........................... 3.272(o).
follows: 3.272(r) ........................... 3.279(b)(2). Universal Postal Union, the Postal
‘‘Similarly, the same commenter 3.272(s) ........................... 3.272(p). Service is updating country names
stated that payments to AmeriCorps 3.272(t) ............................ 3.279(b)(6). throughout mailing standards, changing
participants, listed as an exclusion from 3.272(u) ........................... 3.279(a)(6). Great Britain and Northern Ireland to
income at proposed § 3.279(d)(2), 3.272(v) ........................... 3.279(a)(2). United Kingdom of Great Britain and
should not be considered an asset for 3.272(w) .......................... Removed. Northern Ireland and changing
the annualization period in which the 3.272(x) ........................... 3.272(q). Swaziland to Eswatini.
payment is received. Since the statutory This final rule describes the
13. On page 47267, first column, in international price and classification
authority for this exclusion, 42 U.S.C.
the third paragraph, the second sentence changes and the corresponding mailing
12637(d), does not authorize the
is corrected to read as follows: standards changes for the following
exclusion of these payments from assets, ‘‘We are spelling out the acronym
we make no substantive changes based Competitive Services:
‘‘aka’’ used in proposed § 3.279(a) (now • Global Express Guaranteed®
on this comment.’’ the introductory paragraph to final
10. On page 47263, first column, in (GXG®).
§ 3.279), and making a technical • Priority Mail Express
the first paragraph under the heading
correction to proposed § 3.279(e)(9) International®.
‘‘3. Distribution and Derivation Tables
(now final § 3.279(d)(9)) to correctly • Priority Mail International®.
for Exclusions,’’ the fifth sentence is
refer to subchapter I instead of • First-Class Package International
corrected to read as follows: subchapter 1 as the authority for
‘‘The derivation table here corrects Service® (FCPIS®).
one error from the table providing this
excluding as income annuities received • International Priority Airmail®
under the Retired Serviceman’s Family (IPA®).
information in the proposed rule, and
updates the paragraphs in accord with
Protection Plan.’’ • International Surface Air Lift®
the recharacterization of proposed ■ 14. On page 47269, first column, in (ISAL®).
paragraphs (b) through (e) discussed added paragraph (u) in the amendments • Direct Sacks of Printed Matter to
above.’’ to § 3.262, the second sentence is One Addressee (Airmail M-bag®
11. On page 47263, second column, corrected to read as follows: services).
table 2 is corrected to read as follows: • The following international extra
§ 3.262 [Corrected] services and fees:
* * * * * • International Insurance.
TABLE 2—SECTION 3.279 DERIVATION (u) * * * See § 3.279(d)(1). • International Certificate of Mailing.
FROM PREVIOUS § 3.272 * * * * * • International Registered Mail.
• International Return Receipt.
Derived from Approved: October 12, 2018. • International Postal Money Orders.
daltland on DSKBBV9HB2PROD with RULES
New § 3.279 previous § 3.272 Jeffrey M. Martin, • International Money Order Inquiry
(or ‘‘New’’)
Assistant Director, Office of Regulation Policy Fee.
3.279(a)(1) ...................... New.
& Management, Office of the Secretary, • International Money Transfer
Department of Veterans Affairs. Service.
3.279(a)(2) ...................... 3.272(v).
3.279(a)(3) ...................... 3.272(p). [FR Doc. 2018–22564 Filed 10–16–18; 8:45 am] • Customs Clearance and Delivery
3.279(a)(4) ...................... New. BILLING CODE 8320–01–P Fee.
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Document Created: 2018-10-17 01:47:20
Document Modified: 2018-10-17 01:47:20
| 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; correction. | |
| Dates | These corrections are effective on October 18, 2018. | |
| Contact | Marie Gregory, Assistant Director, Pension and Fiduciary Service, Veterans Benefits Administration, Department of Veterans Affairs, 21P1, 810 Vermont Ave. NW, Washington, DC 20420, (202) 632-8863. (This is not a toll-free number.) | |
| FR Citation | 83 FR 52322 | |
| RIN Number | 2900-AO73 |
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