[Federal Register Volume 71, Number 171 (Tuesday, September 5, 2006)]
[Rules and Regulations]
[Page 52290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14660]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AM48


Forfeiture; Correction

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulations concerning forfeiture of benefit payments and improved 
pension payments. A review of VA's adjudication regulations revealed a 
need for clarification and minor typographical errors. This document 
makes changes to provide clarification and eliminate the errors. The 
effect of these actions is to clarify the respective regulations.

DATES: Effective Date: September 5, 2006.

FOR FURTHER INFORMATION CONTACT: Trude Steele, Consultant, Compensation 
and Pension Service, Policy and Regulations Staff, Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420, (202) 273-7210.

SUPPLEMENTARY INFORMATION: At the Regional Office level, except in the 
VA Regional Office, Manila, Philippines, VA regulation 38 CFR 3.905(a) 
authorizes the Regional Counsel to determine whether the evidence 
warrants formal consideration as to forfeiture. In the Manila Regional 
Office, the Veterans Service Center Manager is authorized to make this 
determination. Currently, 38 CFR 3.669(a), which was published with a 
typographical error, states that benefit payments will be suspended 
effective the date of last payment upon ``receipt of notice from a 
Regional Counsel the Veterans Service Center Manager [sic] in the 
Manila Regional Office * * *.'' To clarify Sec.  3.669(a) and to ensure 
consistency with Sec.  3.905(a), this document amends Sec.  3.669(a) to 
specify that, although benefit payments are generally suspended upon 
receipt of notice from a Regional Counsel, in cases under the 
jurisdiction of the Manila Regional Office, payments are suspended upon 
receipt of notice from the Veterans Service Center Manager.
    This document also corrects a typographical error by replacing the 
words ``less the'' with ``less than'' in 38 CFR 3.30(b), Improved 
Pension--Quarterly. VA is amending this regulation for clarity and 
accuracy.

Administrative Procedure Act

    This final rule consists of nonsubstantive changes. Accordingly, 
there is a basis for dispensing with prior notice and comment and the 
delayed effective date provisions of 5 U.S.C. 553.

Paperwork Reduction Act

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

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required in connection 
with the adoption of this final rule, no regulatory flexibility 
analysis is required under the Regulatory Flexibility Act (5 U.S.C. 
601-612). Even so, 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.

Executive Order 12866--Regulatory Planning and Review

    Executive Order 12866 directs agencies to assess all 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, 
and other advantages; distributive impacts; and equity). The Order 
classifies a rule as a significant regulatory action requiring review 
by the Office of Management and Budget if it meets any one of a number 
of specified conditions, including: Having an annual effect on the 
economy of $100 million or more, creating a serious inconsistency or 
interfering with an action of another agency, materially altering the 
budgetary impact of entitlements or the rights of entitlement 
recipients, or raising novel legal or policy issues. VA has examined 
the economic, legal, and policy implications of this final rule and has 
concluded that it is not a significant regulatory action under 
Executive Order 12866.

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 year. This final rule would have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles

    The Catalog of Federal Domestic Assistance program numbers and 
titles for this proposal are 64.104, Pension for Non-Service-Connected 
Disability for Veterans; 64.105, Pension to Veterans Surviving Spouses, 
and Children; 64.109, Veterans Compensation For Service-Connected 
Disability; and 64.110, Veterans Dependency And Indemnity Compensation 
For Service-Connected Death.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Radioactive materials, Veterans, Vietnam.

    Approved: August 25, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.


0
For the reasons set forth in the preamble, 38 CFR part 3 is amended as 
follows:

PART 3--ADJUDICATION

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

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

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


Sec.  3.30  [Amended]

0
2. Section 3.30(b) is amended by removing ``less the'' and adding, in 
its place, ``less than''.

0
3. Section 3.669(a) is revised to read as follows:


Sec.  3.669  Forfeiture.

    (a) General. Upon receipt of notice from a Regional Counsel (or in 
cases under the jurisdiction of the Manila Regional Office, the 
Veterans Service Center Manager) that a case is being formally 
submitted for consideration of forfeiture of a payee's rights under 
Sec.  3.905 of this part or that the payee has been indicted for 
subversive activities, payments will be suspended effective date of 
last payment.
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 [FR Doc. E6-14660 Filed 9-1-06; 8:45 am]
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