[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Rules and Regulations]
[Pages 29233-29234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11872]



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 Rules and Regulations
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  Federal Register / Vol. 78, No. 97 / Monday, May 20, 2013 / Rules and 
Regulations  

[[Page 29233]]



DEPARTMENT OF JUSTICE

28 CFR Part 32


Public Safety Officers' Benefits Program

AGENCY: Office of Justice Programs, Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This order will amend regulations to revise delegations of 
authority for the review process for determinations regarding claims 
for benefits under the Public Safety Officers' Benefits Program. The 
changes to the regulations are designed to increase efficiency, reduce 
duplication, and streamline the processing of claims.

DATES: This rule takes effect on May 20, 2013.

FOR FURTHER INFORMATION CONTACT: Hope Janke, Director, Public Safety 
Officers' Benefits Program, Bureau of Justice Assistance, Office of 
Justice Programs, U.S. Department of Justice, 810 7th Street NW., 
Washington, DC 20531; telephone: (202) 307-2858.

SUPPLEMENTARY INFORMATION: The Public Safety Officers' Benefits (PSOB) 
program provides death benefits, disability benefits, and educational 
assistance benefits to eligible public safety officers or their 
families when a death or disability occurs in the line of duty. The 
program, authorized and established by the PSOB Act in 1976, was 
designed to offer peace of mind to men and women seeking careers as 
public safety officers and to make a strong statement about the value 
that the nation places on their commitment to serve their communities 
in potentially dangerous circumstances. The Office of Justice Programs 
and Bureau of Justice Assistance (BJA) are engaged in ongoing efforts 
to improve the performance of the PSOB program including an entirely 
paperless electronic case management system in order to improve the 
efficiency of claims processing. Additionally, BJA is ready to launch 
an effort to revise their claims process and streamline the 
documentation required of claimants. This rule represents one aspect of 
the streamlining efforts. Having the legal review function handled by 
the Department component authorized to administer the PSOB program will 
maintain that critical function while simplifying the claims 
administration process, eliminating duplicative efforts across 
components, and increasing overall programmatic efficiency.

Federal Rulemaking Requirements

A. Executive Order 12866 and 13563

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, Regulatory Planning and Review. The Department 
of Justice has determined that this is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866, and that it 
relates to a matter of agency organization, management, or personnel. 
See Executive Order 12866, 3(d)(3). Accordingly, this rule has not been 
reviewed by the Office of Management and Budget.

B. Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, the Attorney General has determined that this 
rule will not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement.

C. Executive Order 12988

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform.

D. Administrative Procedure Act

    This rule concerns matters relating to ``grants, benefits, or 
contracts,'' 5 U.S.C. 553(a)(2), and also relates to matters of agency 
management or personnel, and is therefore exempt from the usual 
requirements of prior notice and comment and a 30-day delay in the 
effective date. See also 5 U.S.C. 553(d).

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., does not 
apply because this rule is a rule of agency organization, procedure, 
and practice and therefore is not subject to notice-and-comment 
rulemaking requirements. Id. 553(b)(A).

F. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. It will not result in an annual effect on the economy of $100 
million or more; 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 enterprises to 
compete with foreign-based companies in domestic and export markets.

G. 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 sector of $100 
million 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.

H. Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements under the Paperwork Reduction Act.

List of Subjects in 28 CFR Part 32

    Administrative practice and procedure, Claims, Disability benefits, 
Education, Emergency medical services, Firefighters, Law enforcement 
officers, Reporting and recordkeeping requirements, Rescue squad.
    Accordingly, for the reasons set forth in the preamble, part 32 of 
title 28 of the Code of Federal Regulations is amended as follows:

PART 32--PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL 
ASSISTANCE BENEFIT CLAIMS

0
1. The authority citation for part 32 continues to read as follows:


[[Page 29234]]


    Authority:  42 U.S.C. ch. 46, subch. XII; 42 U.S.C. 3782(a), 
3787, 3788, 3791(a), 3793(a)(4) &(b), 3795a, 3796c-1, 3796c-2; sec. 
1601, title XI, Public Law 90-351, 82 Stat. 239; secs. 4 through 6, 
Public Law 94-430, 90 Stat. 1348; secs. 1 and 2, Public Law 107-37, 
115 Stat. 219.


0
2. In Sec.  32.3, the definition for ``PSOB Office'' is revised to read 
as follows:


Sec.  32.3  Definitions.

* * * * *
    PSOB Office means the unit of BJA that directly administers the 
Public Safety Officers' Benefits program.
* * * * *


Sec.  32.43  [Amended]

0
3. In Sec.  32.43, remove paragraph (e).

0
4. In Sec.  32.44, paragraph (a) is revised to read as follows:


Sec.  32.44  Hearing Officer determination.

    (a) Upon his determining a claim, the Hearing Officer shall file a 
notice of the same simultaneously with the Director (for his review 
under subpart F of this part in the event of approval) and the PSOB 
Office, which notice shall specify the factual findings and legal 
conclusions that support it.
* * * * *

    Dated: May 9, 2013.
Mary Lou Leary,
Acting Assistant Attorney General.
[FR Doc. 2013-11872 Filed 5-17-13; 8:45 am]
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