[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Rules and Regulations]
[Pages 26130-26133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10112]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AP65


Technical Corrections--VA Vocational Rehabilitation and 
Employment Nomenclature Change for Position Title

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs is amending its regulations 
by making nonsubstantive changes to ensure consistency within its 
regulations regarding a nomenclature change in the title of a 
Vocational Rehabilitation and Employment position.

DATES: Effective Date: This final rule is effective May 2, 2016.

FOR FURTHER INFORMATION CONTACT: C.J. Riley, Policy Analyst, Vocational 
Rehabilitation and Employment Service (28), Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., 
Washington, DC 20420, (202) 461-9600. (This is not a toll-free 
telephone number.)

SUPPLEMENTARY INFORMATION: In January 2000, the name of VA's program, 
Vocational Rehabilitation and Counseling (VR&C), responsible for 
assisting veterans with service-connected disabilities to obtain and 
maintain suitable employment and achieve maximum independence in daily 
living was changed to Vocational Rehabilitation and Employment (VR&E). 
This change reflects the major goal of the program by focusing on 
employment. As outlined by VA's Office of Field Operations (OFO) in OFO 
Letter 20F-11-09, a National Journey-Level Counseling Psychologist 
(CP)/Vocational Rehabilitation Counselor (VRC) Performance Plan was 
implemented on December 16, 2003. The performance plan described how 
the job duties and qualifications for a CP and VRC were the same. As a 
result, the position description for CP was amended to include the 
synonymous title of VRC. Since this change, VA has updated several 
regulations to include this synonymous title. To ensure consistency 
within the regulations, this final rule amends VA regulations to 
reflect this nomenclature change in the title for this VR&E position.
    VA is also correcting two spelling mistakes. In 38 CFR 21.94(b), VA 
corrects the spelling of the word ``statement.'' The current text 
misspells ``statement'' as ``staement.'' In Sec.  21.4232(a)(2)(i), VA 
corrects the spelling of ``Rehabilation'' to read ``Rehabilitation''. 
No substantive changes are intended by these amendments.

Administrative Procedure Act

    This final rule concerns only agency organization, procedure, or 
practice and, therefore, is not subject to the notice and comment 
provisions of 5 U.S.C. 553(b). See 38 U.S.C. 553(b)(A). This final rule 
consists of only nonsubstantive changes that will make the regulations 
more accurate and less confusing to readers. For this reason, VA has 
also determined that there is good cause to waive the 30-day delay 
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

[[Page 26131]]

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 the 
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 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 number and title for the 
program affected by this final rule is 64.116, Vocational 
Rehabilitation for Disabled Veterans.

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. Robert D. 
Snyder, Chief of Staff, Department of Veterans Affairs, approved this 
document on April 21, 2016, for publication.

List of Subjects in 38 CFR Part 21

    Administrative practice and procedure, Armed forces, Civil rights, 
Claims, Colleges and universities, Conflict of interests, Education, 
Employment, Grant programs--education, Grant programs--veterans, Health 
care, Loan programs--education, Loan programs--veterans, Manpower 
training programs, Reporting and recordkeeping requirements, Schools, 
Travel and transportation expenses, Veterans, Vocational education, 
Vocational rehabilitation.

    Dated: April 26, 2016.
William F. Russo,
Director, Office of Regulation Policy & Management, Office of the 
General Counsel, Department of Veterans Affairs.

    For the reasons set out in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 21 as follows:

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart A--Vocational Rehabilitation and Employment Under 38 U.S.C. 
Chapter 31

0
1. The authority citation for part 21, subpart A, continues to read as 
follows:

    Authority:  38 U.S.C. 501(a), chs. 18, 31, and as noted in 
specific sections.


Sec.  21.53  [Amended]

0
2. Amend Sec.  21.53 by:
0
a. In the first sentence of paragraph (f), removing ``counseling 
psychologist'' and adding, in its place, ``Counseling Psychologist (CP) 
or Vocational Rehabilitation Counselor (VRC)''.
0
b. In the last sentence of paragraph (f), removing ``counseling 
psychologist'' and adding, in its place, ``CP or VRC''.
0
c. In paragraph (g) introductory text, removing ``counseling 
psychologist'' and adding, in its place, ``CP or VRC''.


Sec.  21.57  [Amended]

0
3. Amend Sec.  21.57(d) by removing ``counseling psychologist'' and 
adding, in its place, ``Counseling Psychologist (CP) or Vocational 
Rehabilitation Counselor (VRC)''.


Sec.  21.60  [Amended]

0
4. Amend Sec.  21.60 by:
0
a. In paragraph (b)(1), removing ``counseling psychologist'' and 
adding, in its place, ``Counseling Psychologist (CP) or Vocational 
Rehabilitation Counselor (VRC)''.
0
b. In paragraph (e)(1), removing ``counseling psychologist'' and 
adding, in its place, ``CP or VRC''.


Sec.  21.72  [Amended]

0
5. Amend Sec.  21.72 by:
0
a. In the first sentence of paragraph (c)(1), removing ``counseling 
psychologist'' and adding, in its place, ``Counseling Psychologist (CP) 
or Vocational Rehabilitation Counselor (VRC)''.
0
b. In the second sentence of paragraph (c)(2), removing ``counseling 
psychologist'' and adding, in its place, ``CP or VRC''.
0
c. In paragraph (d)(2), removing ``counseling psychologist'' and 
adding, in its place, ``CP or VRC''.


Sec.  21.74  [Amended]

0
6. Amend Sec.  21.74 by:
0
a. In paragraph (c)(1), removing ``counseling psychologist'' and 
adding, in its place, ``Counseling Psychologist (CP) or Vocational 
Rehabilitation Counselor (VRC)''.
0
b. In paragraphs (c)(2) and (c)(3), removing all references to 
``counseling psychologist'' and adding, in each place, ``CP or VRC''.


Sec.  21.76  [Amended]

0
7. Amend the first sentence of Sec.  21.76(b) by removing ``counseling 
psychologist'' and adding, in its place, ``Counseling Psychologist (CP) 
or Vocational Rehabilitation Counselor (VRC)''.


Sec.  21.78  [Amended]

0
8. Amend the first sentence of Sec.  21.78(d) by removing ``counseling 
psychologist'' and adding, in its place, ``Counseling Psychologist (CP) 
or Vocational Rehabilitation Counselor (VRC)''.


Sec.  21.92  [Amended]

0
9. Amend Sec.  21.92 by:
0
a. In paragraph (b), removing ``counseling psychologist,'' and adding, 
in its place, ``Counseling Psychologist (CP) or Vocational 
Rehabilitation Counselor (VRC)''.
0
b. In paragraph (c), removing ``counseling psychologist'' and adding, 
in its place, ``CP or VRC''.
0
c. In paragraph (d), removing ``counseling psychologist'' and adding, 
in its place, ``CP or VRC''.


Sec.  21.94  [Amended]

0
10. Amend Sec.  21.94 by:
0
a. In paragraph (a), removing ``counseling psychologist'' and adding, 
in its place, ``Counseling Psychologist (CP), Vocational Rehabilitation 
Counselor (VRC),''.
0
b. In the first sentence of paragraph (b) introductory text, removing 
``staement'' and adding, in its place, ``statement'', and removing 
``counseling psychologist'' and adding, in its place, ``CP or VRC''.

[[Page 26132]]

Sec.  21.98  [Amended]

0
11. Amend Sec.  21.98(b) introductory text by removing ``counseling 
psychologist'' and adding, in its place, ``Counseling Psychologist 
(CP), the Vocational Rehabilitation Counselor (VRC),''.


Sec.  21.100  [Amended]

0
12. Amend Sec.  21.100 by:
0
a. In paragraph (d)(1), removing ``counseling psychologists'' and 
adding, in its place, ``Counseling Psychologists (CP) or Vocational 
Rehabilitation Counselors (VRC)''.
0
b. In paragraph (d)(3)(ii), removing ``counseling psychologists'' and 
adding, in its place, ``a CP or VRC''.
0
c. In paragraph (d)(4), removing ``counseling psychologist'' and 
adding, in its place, ``CP or VRC''.


Sec.  21.180  [Amended]

0
13. Amend the second sentence of Sec.  21.180(c) by removing 
``counseling psychologist'' and adding, in its place, ``Counseling 
Psychologist (CP), Vocational Rehabilitation Counselor (VRC),''.


Sec.  21.274  [Amended]

0
14. Amend Sec.  21.274(e)(1) by removing ``counseling psychologist'' 
and adding, in its place, ``Counseling Psychologist (CP), Vocational 
Rehabilitation Counselor (VRC),''.


Sec.  21.299  [Amended]

0
15. Amend the second sentence of Sec.  21.299(a) by removing 
``counseling psychologist'' and adding, in its place, ``Counseling 
Psychologist (CP) or Vocational Rehabilitation Counselor (VRC)''.


Sec.  21.364  [Amended]

0
16. Amend the second sentence of Sec.  21.364(a) introductory text by 
removing ``counseling psychologist'' and adding, in its place, 
``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor 
(VRC)''.


Sec.  21.380  [Amended]

0
17. Amend Sec.  21.380(a)(1) by removing ``Counseling psychologists'' 
and adding, in its place, ``Counseling Psychologists (CP) or Vocational 
Rehabilitation Counselors (VRC)''.

Subpart C--Survivors' and Dependents' Educational Assistance Under 
38 U.S.C. Chapter 35

0
18. The authority citation for part 21, subpart C, continues to read as 
follows:

    Authority: 38 U.S.C. 501(a), 512, 3500-3566, and as noted in 
specific sections.


Sec.  21.3102  [Amended]

0
19. Amend Sec.  21.3102(a) by removing ``VA counseling psychologist'' 
and adding, in its place, ``Counseling Psychologist (CP) or Vocational 
Rehabilitation Counselor (VRC)''.


Sec.  21.3301  [Amended]

0
20. Amend Sec.  21.3301(e) by removing ``counseling psychologist'' and 
adding, in its place, ``Counseling Psychologist (CP) or Vocational 
Rehabilitation Counselor (VRC)''.

Subpart D--Administration of Educational Assistance Programs

0
21. The authority citation for part 21, subpart D, continues to read as 
follows:

    Authority: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs. 
30, 32, 33, 34, 35, 36, and as noted in specific sections.


Sec.  21.4232  [Amended]

0
22. Amend Sec.  21.4232 by:
0
a. In paragraph (a)(2) introductory text, removing ``counseling 
psychologist'' and adding, in its place, ``Counseling Psychologist (CP) 
or Vocational Rehabilitation Counselor (VRC)''.
0
b. In paragraph (a)(2)(i), removing ``Rehabilation'' and adding, in its 
place, ``Rehabilitation''.
0
c. In paragraphs (a)(3) and (d), removing all references to 
``counseling psychologist'' and adding, in each place, ``CP or VRC''.

Subpart I--Temporary Program of Vocational Training for Certain New 
Pension Recipients

0
23. The authority citation for part 21, subpart I, continues to read as 
follows:

    Authority: Pub. L. 98-543, 38 U.S.C. 501 and chapter 15, 
sections specifically cited, unless otherwise noted.


0
24. Amend Sec.  21.6005 by adding a paragraph (j)(10) to read as 
follows:


Sec.  21.6005  Definitions.

* * * * *
    (j) * * *
    (10) Vocational Rehabilitation Counselor.


Sec.  21.6052  [Amended]

0
25. Amend Sec.  21.6052 by:
0
a. In paragraph (b)(1), removing ``counseling psychologist'' and 
adding, in its place, ``Counseling Psychologist (CP) or Vocational 
Rehabilitation Counselor (VRC)''.
0
b. In paragraph (c), removing ``counseling psychologist'' and adding, 
in its place, ``CP or VRC''.


Sec.  21.6056  [Amended]

0
26. Amend Sec.  21.6056 by:
0
a. In the last sentence of paragraph (a), removing ``counseling 
psychologist'' and adding, in its place, ``Counseling Psychologist (CP) 
or Vocational Rehabilitation Counselor (VRC)''.
0
b. In the first sentence in paragraph (b), removing ``counseling 
psychologist'' and adding, in its place, ``CP or VRC''.
0
c. In the first sentence in paragraph (c), removing ``counseling 
psychologist'' and adding, in its place, ``CP or VRC''.


Sec.  21.6059  [Amended]

0
27. Amend Sec.  21.6059 by:
0
a. In paragraph (b)(1), removing ``counseling psychologist'' and 
adding, in its place, ``Counseling Psychologist (CP) or Vocational 
Rehabilitation Counselor (VRC)''.
0
b. In paragraph (b)(2), removing ``counseling psychologist'' and 
adding, in its place, ``CP or VRC''.


Sec.  21.6070  [Amended]

0
28. Amend Sec.  21.6070 by:
0
a. In the first sentence in paragraph (b), removing ``counseling 
psychologist'' and adding, in its place, ``Counseling Psychologist (CP) 
or Vocational Rehabilitation Counselor (VRC)''.
0
b. In paragraph (e) introductory text, removing ``counseling 
psychologist'' and adding, in its place, ``CP or VRC''.


Sec.  21.6072  [Amended]

0
29. Amend Sec.  21.6072(d)(2) by removing ``counseling psychologist'' 
and adding, in its place, ``Counseling Psychologist (CP) or Vocational 
Rehabilitation Counselor (VRC)''.


Sec.  21.6080  [Amended]

0
30. Amend Sec.  21.6080(d) introductory text by removing ``counseling 
psychologist'' and adding, in its place, ``Counseling Psychologist (CP) 
or Vocational Rehabilitation Counselor (VRC)''.

Subpart J--Temporary Program of Vocational Training and 
Rehabilitation

0
31. The authority citation for part 21, subpart J, continues to read as 
follows:

    Authority: Pub. L. 98-543, sec. 111; 38 U.S.C. 1163; Pub. L. 
100-687, sec. 1301, unless otherwise noted.


Sec.  21.6509  [Amended]

0
32. Amend Sec.  21.6509(d) by removing ``counseling psychologist'' and 
adding, in its place, ``Counseling Psychologist (CP) or Vocational 
Rehabilitation Counselor (VRC)''.


Sec.  21.6515  [Amended]

0
33. Amend the first sentence of Sec.  21.6515(a) by removing 
``counseling psychologist'' and adding, in its place,

[[Page 26133]]

``Counseling Psychologist (CP) or Vocational Rehabilitation Counselor 
(VRC)''.

[FR Doc. 2016-10112 Filed 4-29-16; 8:45 am]
 BILLING CODE 8320-01-P