[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Rules and Regulations]
[Pages 19909-19910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8479]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 94
[Docket No.: OJP (OVC) 1539]
RIN 1121-AA78
International Terrorism Victim Expense Reimbursement Program
AGENCY: Office of Justice Programs, Justice.
ACTION: Interim-final rule.
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SUMMARY: The Office for Victims of Crime (OVC) is promulgating this
interim-final rule for its International Terrorism Victim Expense
Reimbursement Program (ITVERP) in order to remove a regulatory
limitation on the discretion of the Director of OVC to accept claims
filed more than three years after the date that an incident is
designated as an incident of international terrorism.
DATES:
Effective date: This interim-final rule is effective April 11,
2011.
Comment date: Written comments must be submitted on or before June
10, 2011.
FOR FURTHER INFORMATION CONTACT: Chandria Slaughter, Grant Program
Specialist, International Terrorism Victim Expense Reimbursement
Program, at 202-307-5983.
SUPPLEMENTARY INFORMATION:
I. Posting of Public Comments
Please note that all comments received are considered part of the
public record and made available for public inspection online at http://www.regulations.gov. Information made available for public inspection
includes personal identifying information (such as your name, address,
etc.) voluntarily submitted by the commenter.
If you wish to submit personal identifying information (such as
your name, address, etc.) as part of your comment, but do not wish it
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING
INFORMATION'' in the first paragraph of your comment. You must also
locate all the personal identifying information that you do not want
posted online in the first paragraph of your comment and identify what
information you want the agency to redact. Personal identifying
information identified and located as set forth above will be placed in
the agency's public docket file, but not posted online.
If you wish to submit confidential business information as part of
your comment but do not wish it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
has so much confidential business information that it cannot be
effectively redacted, the agency may choose not to post that comment
(or to only partially post that comment) on http://www.regulations.gov.
Confidential business information identified and located as set forth
above will not be placed in the public docket file, nor will it be
posted online.
If you wish to inspect the agency's public docket file in person by
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.
II. Background
ITVERP is a Federal program that provides reimbursement to
nationals of the United States and Federal government employees (and
certain family members of such individuals, under some circumstances),
who are victims of international terrorism and who incur expenses as a
result of such incidents. For further information, see the ITVERP Web
site at http://www.ojp.usdoj.gov/ovc/intdir/itverp.
OVC is promulgating (pursuant to 42 U.S.C. 10603c and 42 U.S.C.
10604(a)) this interim-final rule to provide the Director of OVC with
express discretionary authority to accept claims filed more than three
years after the date that an incident is designated as one of
international terrorism. Largely owing to considerations of
administrative convenience, the present ITVERP rule regarding
application deadlines limits the period within which OVC would
entertain waivers of claim filing deadlines. Based on experience
administering the program since it went into effect in 2006, OVC has
determined that this limit on waivers of late claims may lead to
denials of reimbursement for victims with otherwise meritorious claims,
even under circumstances where tolling of the deadline would be
appropriate.
The rule will allow the Director of OVC to toll or extend the
deadline for a late-filed claim where the Director finds good cause to
do so. In the ordinary course, a showing of good cause generally would
require that the claimant submit a written explanation--satisfactory to
the Director--for missing the deadline. Examples of good cause include
situations where a victim's treatment for injuries sustained in an
incident were covered initially by collateral sources, but these
sources later become unavailable after the filing deadline has expired;
where outreach to overseas claimants has not been effective; and where
a claimant's extended illness, living abroad in remote areas for
extended periods of time, or barriers to accessing information about
the program led to the late filing. Absent circumstances consonant with
the foregoing, good cause would not exist; thus, for example,
claimant's missing the deadline due to mere inattentiveness to the
program's deadlines would not be sufficient to establish good cause.
The amended rule will not alter any existing regulatory deadlines,
nor will it impose any new deadlines (or any burden whatsoever) on
claimants, but instead merely will operate to relieve an administrative
restriction, in the existing rule, on claim filing (such rule having
been promulgated largely for the administrative convenience of OVC,
which has found it, over the course of four years of program
administration, to be unnecessary). This rule is being published in
interim-final form, effective immediately, as there are presently
ITVERP claims before OVC that might otherwise be unnecessarily denied
or delayed.
III. Regulatory Requirements
Executive Order 12866--Regulatory Planning and Review
This regulation has been drafted in accordance with Exec. Order No.
12866, section 1(b), 58 FR 51, 735 (Sept. 30, 1993), Principles of
Regulation. OJP has determined that this regulation is not a
``significant regulatory action'' under Executive Order No. 12866.
Nevertheless, this regulation has been reviewed, in accordance with the
general principles of Executive Order No. 12866, by the Office of
Management and Budget.
Administrative Procedure Act
OVC's implementation of this rule as an interim-final rule, with
provision for post-promulgation public comment, is based on findings of
good cause pursuant to the Administrative Procedure Act (5 U.S.C.
553(b)(3)(B) and (d)). This minor rule amendment merely alleviates a
procedural restriction on
[[Page 19910]]
ITVERP claimants that might otherwise lead to the denial of meritorious
claims from victims, even where such victims show good cause for
delayed filing.
The rule would not adversely affect any segment of the public
whatsoever, as it would not result in the denial of any additional
claims, and therefore advance notice and public comment are
unnecessary. The present rule clearly is one that ``grants or
recognizes an exemption or relieves a restriction,'' and, therefore,
waiver of the 30-day period prior to the rule's taking effect is
likewise appropriate here. See 5 U.S.C. 553(d)(1). The changes made by
this interim-final rule remove an unnecessary administrative
restriction on claim filing, and operate for the benefit of victims of
international terrorism who may apply for the program.
As there are presently ITVERP claims before OVC that might
otherwise be unnecessarily denied or delayed absent this amendment, it
is impractical and contrary to the public interest to delay
implementation of this rule. Moreover, the portion of the ITVERP rule
amended by this interim-final rule directly affects only the Director
of OVC, and the Director has ``actual notice'' of this rule, per 5
U.S.C. 553(b). OVC believes that the rule is noncontroversial and
adverse comments will not be received, although comments on this rule
are invited. Accordingly, OVC finds that ``good cause'' exists under 5
U.S.C. 553(b)(B) and 553(d) to make this rule effective upon
publication in the Federal Register. Public comment after this rule is
published is welcomed, and will be carefully reviewed to ensure that
any substantive concerns or issues are addressed.
Executive Order 13132--Federalism
This regulation will not have a substantial direct effect 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 Exec. Order
No. 13132, 64 FR 43, 255 (Aug. 4, 1999), it is determined that this
regulation does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Cost/Benefit Assessment
This regulation has no cost to state, local, or tribal governments,
or to the private sector. It merely alleviates an administrative
restriction on victim claim filing by permitting the OVC Director to
allow late filing where the Director determines that this is
appropriate. The ITVERP is funded by fines, fees, penalty assessments,
and forfeitures paid by federal offenders, as well as gifts from
private individuals, deposited into the Crime Victims Fund in the U.S.
Treasury, and set aside in the Antiterrorism Emergency Reserve Fund,
which is capped at $50 million in any given year. The cost to the
Federal Government consists both of administrative expenses and amounts
reimbursed to victims. Both types of costs depend on the number of
claimants, prospective as well as retroactive. This rule is not
expected to significantly increase the number of eligible claimants,
and therefore the negligible cost potentially associated with allowing
certain late-filed claims to be processed is clearly outweighed by
considerations of fairness in the program's administration (given that
the program is relatively new) and the benefit of ensuring that victims
eligible for, and in need of, reimbursement for injuries and losses
from overseas terrorism are provided such reimbursement. This
regulation is not expected to substantially increase the overall
budgetary impact of the ITVERP.
Regulatory Flexibility Act
This regulation will not have a significant economic impact on a
substantial number of small entities. This regulation has no cost to
State, local, or tribal governments, or to the private sector. The
ITVERP is funded by fines, fees, penalty assessments, and bond
forfeitures paid by Federal offenders, as well as gifts from private
individuals, deposited into the Crime Victims Fund in the U.S.
Treasury. Therefore, an analysis of the impact of this regulation on
such entities is not required under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.).
Paperwork Reduction Act of 1995
This rule contains no new information collection or record-keeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501,
et seq.).
Unfunded Mandates Reform Act of 1995
This regulation will not result in the expenditure by State, local,
and tribal governments, in the aggregate, or by the private sector, 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.
List of Subjects in 28 CFR Part 94
Administrative practice and procedures, International terrorism,
Victim compensation.
Accordingly, for the reasons set forth in the preamble, title 28,
part 94, subpart A of the Code of Federal Regulations is amended as
follows:
PART 94--CRIME VICTIM SERVICES
0
1. The authority citation for part 94 continues to read as follows:
Authority: Victims of Crime Act (VOCA), Title II, Secs. 1404C
and 1407 (42 U.S.C. 10603c, 10604).
Subpart A--International Terrorism Victim Expense Reimbursement
Program
0
2. Revise Sec. 94.32 to read as follows:
Sec. 94.32 Application deadline.
For claims related to acts of international terrorism that occurred
after October 6, 2006, the deadline to file an application is three
years from the date of the act of international terrorism. For claims
related to acts of international terrorism that occurred between
December 21, 1988, and October 6, 2006, the deadline to file an
application is October 6, 2009. At the discretion of the Director, the
deadline for filing a claim may be tolled or extended upon a showing of
good cause.
Dated: March 31, 2011.
Laurie O. Robinson,
Assistant Attorney General.
[FR Doc. 2011-8479 Filed 4-8-11; 8:45 am]
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