[Federal Register Volume 62, Number 140 (Tuesday, July 22, 1997)]
[Rules and Regulations]
[Pages 39119-39120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19220]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 32

[OJP(BJA)-1121]
RIN 1121-AA44


Federal Law Enforcement Dependents Assistance Program; Correction

AGENCY: Office of Justice Programs, Bureau of Justice Assistance, 
Public Safety Officers' Benefits Office, Justice.

ACTION: Correction to final rule.

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SUMMARY: This document contains corrections to the final regulations 
that were published Tuesday, July 15, 1997 (62 FR 37713). These 
regulations were issued to comply with the Federal Law Enforcement 
Dependents Assistance (FLEDA) Act of 1996.

DATES: This correction is effective July 22, 1997.

FOR FURTHER INFORMATION CONTACT: Jeff Allison, Chief, Public Safety 
Officers' Benefits Office, 633 Indiana Avenue, NW., Washington, DC 
20531. Telephone: (202) 307-0635.

SUPPLEMENTARY INFORMATION: The final regulations that are the subject 
of these corrections were drafted in accordance with the Federal Law 
Enforcement Dependents Assistance Act, Pub. L. 104-238, 110 Stat. 3114, 
Oct. 3, 1996, which established a new subpart 2 in Part L of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3796 
et seq.) to provide financial assistance to the children and spouses of 
Federal civilian law enforcement officers killed or permanently and 
totally disabled in the line of duty.

Executive Order 12866

    This regulation has been written and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Office of Justice Programs has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review, and accordingly this rule has not 
been reviewed by the Office of Management and Budget.

Executive Order 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Office of Justice Programs, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by 
approving it certifies that this regulation will not have a significant 
economic impact upon a substantial number of small entities for the 
following reasons: The FLEDA program will be administered by the Office 
of Justice Programs, and any funds distributed under it shall be 
distributed to individuals, not entities, and the economic impact is 
limited to the Office of Justice Program's appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private section, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in cost or prices; or

[[Page 39120]]

significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Paperwork Reduction Act

    The collection of information requirements contained in the 
proposed regulation will be submitted to the Office of Management and 
Budget for review under the Paperwork Reduction Act (44 U.S.C. 
3504(h)).

The Need for Correction

    The following language was omitted from the comment section: In the 
proposed rule, Sec. 32.35(b) allowed for exceptions to the requirement 
that applications for retroactive assistance must be submitted within 
five years of the last date the applicant pursued such program of 
education. Upon further reflection, the phrase ``absent compelling 
justification'' will be eliminated. Given the retroactive date 
established by Congress, and the family notification process being 
developed by the Bureau, it is difficult to envision circumstances 
wherein an otherwise eligible student would not be able to submit their 
application for retroactive assistance within five years after the last 
date he or she pursued such program of education.

Correction of Publication

    Accordingly, the publication on Tuesday, July 15, 1997, of the 
final regulations at 62 FR 37713 is corrected as follows:


Sec. 32.35  [Corrected]

    On page 37717, in the first column, in Sec. 32.35(b), at the 
beginning of the second sentence remove, the words ``absent compelling 
justification,''.
Nancy Gist,
Director, Bureau of Justice Assistance.
[FR Doc. 97-19220 Filed 7-21-97; 8:45 am]
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