[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18116-18117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07540]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AP33


Technical Corrections

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) amends its regulations 
to remove out-of-date legal citations and add the correct authority. 
This rulemaking contains only nonsubstantive, technical changes.

DATES: This rule is effective April 3, 2015.

FOR FURTHER INFORMATION CONTACT: Michael Rasmussen, Consultant, 
Regulations Staff (211D), Compensation Service, Department of Veterans 
Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. 
(This is not a toll-free telephone number.)

SUPPLEMENTARY INFORMATION: On December 2, 2005, VA published a final 
rule removing 38 CFR 3.5(e) and adding 38 CFR 3.10. 70 FR 72211. 
Section 3.10(e)(3) regards payment information for surviving spouses in 
receipt of Dependency and Indemnity Compensation (DIC) and clearly 
contains an erroneous cross reference to Sec.  3.351(f), which regards 
death pension. Therefore, VA is correcting this technical error by 
removing the cross reference to Sec.  3.351(f) and adding, in its 
place, a cross reference to Sec.  3.351(e), the paragraph regarding 
DIC.
    On September 30, 1997, VA published a final rule redesignating 38 
CFR 3.105(h) as Sec.  3.105(i). 62 FR 51274. However, VA failed to 
update the cross reference to Sec.  3.105(h)(1) in 38 CFR 3.655(c)(4). 
Therefore, VA is correcting the cross reference in Sec.  3.655(c)(4) to 
correctly refer to Sec.  3.105(i)(1).
    Lastly, on December 29, 2006, VA published a final rule 
redesignating 38 CFR 3.1000(a)(4) as Sec.  3.1000(a)(5) and adding a 
new paragraph Sec.  3.1000(a)(4). 71 FR 78368. However, VA failed to 
update the cross references to Sec.  3.1000(a)(4) in Sec. Sec.  
3.1000(b)(3), (c)(1), and (f) and 3.1003(a). Therefore, VA is 
correcting the above-noted sections to correctly refer to Sec.  
3.1000(a)(5).

Administrative Procedure Act

    Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b)(B), 
VA has determined that prior notice and opportunity for comment on this 
rulemaking are unnecessary. This final rule consists of nonsubstantive, 
technical changes that merely amend VA's regulations to reflect the 
correct legal citations. For this reason, VA has also determined that 
there is good cause to waive the 30-day delayed effective date 
requirement under 5 U.S.C. 553(d)(3).

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
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 effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action'' requiring review by the Office of 
Management and Budget (OMB), unless OMB waives such review, as ``any 
regulatory action that is likely to result in a rule that may: (1) Have 
an annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities; (2) 
Create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) Materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) Raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of this rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for VA 
Regulations Published from FY 2004 through Fiscal Year to Date.

Regulatory Flexibility Act

    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 (5 U.S.C. 601-
612). This final rule will directly affect only individuals and will 
not directly affect small entities. Therefore, pursuant to 5 U.S.C. 
605(b), this rulemaking is exempt from the final regulatory flexibility 
analysis requirements of section 604.

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

Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.101, Burial Expenses 
Allowance for Veterans; 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; 64.110, Veterans Dependency and Indemnity

[[Page 18117]]

Compensation for Service-Connected Death.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Jose D. 
Riojas, Chief of Staff, Department of Veterans Affairs, approved this 
document on March 26, 2015, for publication.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Veterans.

    Dated: March 30, 2015.
Michael P. Shores,
Chief Impact Analyst, Office of Regulation Policy & Management, Office 
of the General Counsel, U.S. Department of Veterans Affairs.

    For the reasons set out in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 3 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.  3.10  [Amended]

0
2. Amend Sec.  3.10(e)(3) by removing ``Sec.  3.351(f)'' and adding in 
its place ``Sec.  3.351(e)''.


Sec.  3.655  [Amended]

0
3. Amend Sec.  3.655(c)(4) by removing ``Sec.  3.105(h)(1)'' and adding 
in its place ``Sec.  3.105(i)(1)''.


Sec.  3.1000  [Amended]

0
4. Amend Sec.  3.1000 as follows:
0
a. In paragraph (b)(3), by removing ``(a)(4)'' and adding in its place 
``(a)(5)''.
0
b. In paragraph (c)(1), by removing ``(a)(4)'' and adding in its place 
``(a)(5)''.
0
c. In paragraph (f), by removing both references to ``(a)(4)'' and 
adding in each place ``(a)(5)''.


Sec.  3.1003  [Amended]

0
5. Amend Sec.  3.1003 as follows:
0
a. In paragraph (a) introductory text, by removing ``3.1000(a)(1) 
through (4)'' and adding in its place ``3.1000(a)(1) through (5)'' and 
by removing ``3.1000(a)(4)'' and adding in its place ``3.1000(a)(5)''.
0
b. In paragraph (a)(2), by removing ``3.1000(a)(1) through (4)'' and 
adding in its place ``3.1000(a)(1) through (5)''.

[FR Doc. 2015-07540 Filed 4-2-15; 8:45 am]
 BILLING CODE 8320-01-P