[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Rules and Regulations]
[Page 65112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27121]


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DEPARTMENT OF JUSTICE

28 CFR Part 104

[Docket No. CIV 151]
RIN 1105-AB39


James Zadroga 9/11 Health and Compensation Act of 2010

AGENCY: Department of Justice.

ACTION: Final rule; correction.

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SUMMARY: The Department of Justice is correcting a final rule that 
appeared in the Federal Register of August 31, 2011 (76 FR 54112). That 
document issued regulations implementing the amendments made by the 
James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act) 
with respect to the September 11th Victim Compensation Fund of 2001.

DATES: Effective October 3, 2011.

FOR FURTHER INFORMATION CONTACT: Kenneth L. Zwick, Director, Office of 
Management Programs, Civil Division, U.S. Department of Justice, Main 
Building, Room 3140, 950 Pennsylvania Avenue, NW., Washington, DC 
20530, telephone 855-885-1555 (TTY 855-885-1558).

SUPPLEMENTARY INFORMATION: In FR Doc. 2011-22160 appearing on page 
54112 in the Federal Register on Wednesday, August 31, 2011, the 
following correction is made:
    1. On page 54119, in the third column, the paragraph following the 
heading ``Small Business Regulatory Enforcement Fairness Act of 1996'' 
is revised to read as follows:
    ``The Office of Management and Budget has determined that this rule 
is a major rule as defined by section 251 of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act), 
5 U.S.C. 804. This rule will not result in a major increase in costs or 
prices, or 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. However, the compensation benefits awarded 
to eligible claimants will have an annual beneficial impact on the 
economy of $100,000,000 or more in certain years until the amounts 
authorized and appropriated for the Victims Compensation Fund are fully 
distributed.
    ``Title II of the Zadroga Act reactivates the September 11th Victim 
Compensation Fund of 2001 and requires a Special Master, appointed by 
the Attorney General, to provide compensation to any individual (or a 
personal representative of a deceased individual) who suffered physical 
harm or was killed as a result of the terrorist-related aircraft 
crashes of September 11, 2001, or the debris removal efforts that took 
place in the immediate aftermath of those crashes. In view of the need 
to begin processing compensation claims as soon as possible, it is 
impracticable for the Department to comply with the requirements of 
section 801 of the Congressional Review Act, 5 U.S.C. 801, pertaining 
to delayed effective dates of major rules without unduly delaying the 
processing of claims. Section 808(2) of the Congressional Review Act, 5 
U.S.C. 808(2), provides: ``Notwithstanding section 801--* * * (2) any 
rule which an agency for good cause finds (and incorporates the finding 
and a brief statement of reasons therefor in the rule issued) that 
notice and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest, shall take effect at such time as the 
Federal agency promulgating the rule determines.'' Were the Department 
not to invoke the exception provided in section 808(2) of the 
Congressional Review Act, eligible claimants would have to wait 
substantially longer to begin filing their claims, thereby impairing 
Congress's goal of providing compensation in as expeditious a manner as 
possible (as evidenced by the short statutory deadline for 
implementation). Such a delay in implementing the compensation process 
would be clearly contrary to the public interest. For the foregoing 
reasons, the Special Master finds pursuant to section 808(2) of the 
Congressional Review Act, 5 U.S.C. 808, that good cause exists to make 
this final rule effective October 3, 2011.''

    Dated: October 12, 2011.
Sheila L. Birnbaum,
Special Master.
[FR Doc. 2011-27121 Filed 10-19-11; 8:45 am]
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