[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Rules and Regulations]
[Pages 8-9]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22501]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AK65


Filipino Veterans' Benefits Improvements

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations to implement Public Law 108-183, the Veterans 
Benefits Act of 2003. This public law added service in the Philippine 
Scouts as qualifying service for payment of compensation, dependency 
and indemnity compensation (DIC), and monetary burial benefits at the 
full-dollar rate, and provided for payment of DIC at the full-dollar 
rate to survivors of certain veterans of the Philippine Commonwealth 
Army and recognized guerrilla forces who lawfully reside in the United 
States. This document adopts the interim final rule, which was 
published in the Federal Register on February 16, 2006 at 71 FR 8215, 
as a final rule with a technical correction.

DATES: Effective Date: This amendment is effective January 3, 2007.

FOR FURTHER INFORMATION CONTACT: Bill Russo, Chief, Regulations Staff 
(211D), Compensation and Pension Service, Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Ave., NW., 
Washington DC, 20420, (202) 273-7210.

SUPPLEMENTARY INFORMATION: On December 27, 2001, VA published an 
interim final rule in the Federal Register for notice and comment (66 
FR 66763) amending VA adjudication regulations to reflect changes made 
by two public laws. First, Public Law 106-377, The Departments of 
Veterans Affairs and Housing and Urban Development and Independent 
Agencies Appropriations Act, 2001, changed the rate of compensation 
payments to certain veterans of the Philippine Commonwealth Army and 
recognized guerrilla forces who reside in the United States. Second, 
Public Law 106-419, the Veterans Benefits and Health Care Improvement 
Act of 2000, changed the amount of monetary burial benefits that VA 
will pay to survivors of certain veterans of the Philippine 
Commonwealth Army and recognized guerrilla forces who lawfully reside 
in the United States at death. On February 16, 2006, VA published in 
the Federal Register (71 FR 8215) a final rule adopting the interim 
final rule with changes and responding to public comments. Included 
with this final rule was an interim final rule that implemented Public 
Law 108-183 and solicited comments on these regulatory amendments only. 
Interested persons were invited to submit written comments on or before 
March 20, 2006. We did not receive any comments.
    We are making one change to 38 CFR 3.42(c)(4)(ii) as a technical 
correction. We determined that there was an error in the text of the 
interim final rule, as published on February 16, 2006. Section 
3.42(c)(4)(ii) incorrectly stated, ``A Post Office box mailing address 
in the veteran's name does not constitute evidence showing that the 
veteran was lawfully residing in the United States on the date of 
death.'' The proof of residence requirements in Sec.  3.42(c)(4) apply 
to both compensation benefits paid to veterans and dependency and 
indemnity compensation benefits paid to veterans' survivors, but the 
interim final rule in Sec.  3.42(c)(4)(ii) incorrectly referred only to 
veterans. Moreover, the reference to ``date of death'' is incorrect; 
that criterion would only apply in a claim for full-dollar burial 
benefits under Sec.  3.43. We are therefore correcting Sec.  
3.42(c)(4)(ii) to state, ``A Post Office box mailing address in the 
veteran's name or the name of the veteran's survivor does not 
constitute evidence showing that the veteran or veteran's survivor is 
lawfully residing in the United States.''
    Based on the rationale stated in the interim final rule published 
on February 16, 2006, and in this document, the interim final rule is 
adopted as a final rule with a technical correction.

Paperwork Reduction Act

    All collections of information under the Paperwork Reduction Act 
(44 U.S.C. 3501-3521) referenced in this final rule have existing OMB 
approval as a form under control number 2900-0655. No changes are made 
in this final rule to those collections of information.

Regulatory Flexibility Act

    The Secretary hereby certifies that this regulatory amendment 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. The reason for this certification is that these 
amendments would not directly affect any small entities. Only VA 
beneficiaries could be directly affected. Therefore, under 5 U.S.C. 
605(b), these amendments are exempt from the initial and final 
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604.

Executive Order 12866

    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

[[Page 9]]

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 because it merely provides a technical correction 
to the interim final rule.

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 expenditure by 
State, local, or tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any given year. This rule will have no such effect on 
State, local, or tribal governments, or the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles

    The Catalog of Federal Domestic Assistance program numbers and 
titles are 64.100, Automobiles and Adaptive Equipment for Certain 
Disabled Veterans and Members of the Armed Forces; 64.101, Burial 
Expenses Allowance for Veterans; 64.104, Pension for Non-Service-
Connected Deaths for Veterans; 64.105, Pension to Veterans Surviving 
Spouses, and Children; 64.106, Specially Adapted Housing for Disabled 
Veterans; 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 10, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

0
Accordingly, the interim final rule amending 38 CFR part 3 which was 
published at 71 FR 8215 on February 16, 2006, is adopted as a final 
rule with the following technical correction:

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.


0
2. In Sec.  3.42, revise paragraph (c)(4)(ii) and add the information 
collection parenthetical at the end of the section to read as follows:


Sec.  3.42  Compensation at the full-dollar rate for certain Filipino 
veterans or their survivors residing in the United States.

* * * * *
    (c) * * *
    (4) * * *
    (ii) A Post Office box mailing address in the veteran's name or the 
name of the veteran's survivor does not constitute evidence showing 
that the veteran or veteran's survivor is lawfully residing in the 
United States.
* * * * *
    (The Office of Management and Budget has approved the 
information collection requirements in this section under control 
number 2900-0655.)


Sec.  3.43  Burial benefits at the full-dollar rate for certain 
Filipino veterans residing in the United States on the date of death.

0
3. In Sec.  3.43, add the information collection parenthetical at the 
end of the section to read as follows:
* * * * *
    (The Office of Management and Budget has approved the 
information collection requirements in this section under control 
number 2900-0655.)

[FR Doc. E6-22501 Filed 12-29-06; 8:45 am]
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