[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Rules and Regulations]
[Pages 51274-51276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19793]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 8a and 36

RIN 2900-AR09


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 
to revise the title of the ``Director, Loan Guaranty Service'' to 
``Executive Director, Loan Guaranty Service'' and to remove references 
to the position of ``Deputy Under Secretary for Economic Opportunity.'' 
These amendments reflect current agency organizational structure and 
are necessary to ensure consistency between the agency and its 
regulations.

DATES: This rule is effective September 15, 2021.

FOR FURTHER INFORMATION CONTACT: Stephanie Li, Chief of Regulations, 
Loan Guaranty Service, (26A), Veterans Benefits Administration, 
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 
20420, (202) 632-8862. (This is not a toll-free telephone number.)

SUPPLEMENTARY INFORMATION: A number of VA regulations reference the 
``Director, Loan Guaranty Service'', but the title for this position 
has been amended from ``Director, Loan Guaranty Service'' to 
``Executive Director, Loan Guaranty Service.'' Also, certain VA 
regulations reference the ``Deputy Under Secretary for Economic 
Opportunity,'' but that position has been eliminated within the 
Veterans Benefits Administration. To ensure accuracy and consistency 
between the agency and its regulations, this final rule revises VA 
regulations to reflect this nomenclature change and organizational 
structure.
    Additionally, VA notes that there is a technical drafting error at

[[Page 51275]]

Sec.  36.4345(b)(1) in which paragraph level (iv) is used twice. This 
final rule corrects that error.

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). Specifically, 
this final rule consists of amendments reflecting agency organization, 
revising the title of one position and removing the reference to 
another eliminated position. VA has also determined that there is good 
cause to make this final rule effective on the date of publication 
under 5 U.S.C. 553(d)(3). As the agency has already adapted to the 
above noted organizational amendments, delaying the effective date is 
unnecessary.

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. 
The Office of Information and Regulatory Affairs has determined that 
this rule is not a significant regulatory action under Executive Order 
12866. The Regulatory Impact Analysis associated with this rulemaking 
can be found as a supporting document at www.regulations.gov.

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA), imposes 
certain requirements on Federal agency rules that are subject to the 
notice and comment requirements of the Administrative Procedure Act 
(APA), 5 U.S.C. 553(b). This final rule pertains to agency 
organization, which the APA expressly exempts from notice and comment 
rulemaking requirements under 5 U.S.C. 553(b)(A). Therefore, the 
requirements of the RFA applicable to notice and comment rulemaking do 
not apply to this rule. Accordingly, the Department is not required 
either to certify that the final rule would not have a significant 
economic impact on a substantial number of small entities or to conduct 
a regulatory flexibility analysis.

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 64.106, Specially Adapted 
Housing For Disabled Veterans; 64.114, Veterans Housing Guaranteed and 
Insured Loans; 64.118, Veterans Housing Direct Loans for Certain 
Disabled Veterans; and 64.126, Native American Veteran Direct Loan 
Program.

Congressional Review Act

    Pursuant to Subtitle E of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C. 
801 et seq.), the Office of Information and Regulatory Affairs 
designated this rule as not a major rule, as defined by 5 U.S.C. 
804(2).

List of Subjects

38 CFR Part 8a

    Life insurance, Mortgage insurance, Veterans.

38 CFR Part 36

    Condominiums, Housing, Individuals with disabilities, Loan 
programs--housing and community development, Loan programs--Indians, 
Loan programs--veterans, Manufactured homes, Mortgage insurance, 
Veterans.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on September 2, 2021, 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.

Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy & 
Management, Office of General Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, the Department of Veterans 
Affairs amends 38 CFR parts 8a and 36 as set forth below:

PART 8A--VETERANS MORTGAGE LIFE INSURANCE

0
1. The authority citation for part 8a continues to read as follows:

    Authority:  38 U.S.C. 501, and 2101 through 2016, unless 
otherwise noted.


Sec.  8a.1  [Amended]

0
2. In Sec.  8a.1 amend paragraph (e)(3) by removing the words 
``Director, Loan Guaranty Service'' and adding, in their place, the 
words ``Executive Director, Loan Guaranty Service''.

PART 36--LOAN GUARANTY

0
3. The authority citation for part 36 continues to read as follows:

    Authority: 38 U.S.C. 501 and 3720.

PART 36 [Amended]

0
4. Amend part 36 by removing the words ``Director, Loan Guaranty 
Service'' wherever they appear, and adding, in their place, the words 
``Executive Director, Loan Guaranty Service''.


Sec.  36.4221  [Amended]

0
5. In Sec.  36.4221 amend paragraph (d) by removing the word 
``Director'' and adding, in its place, the words ``Director or 
Executive Director''.


Sec.  36.4345  [Amended]

0
6. Amend Sec.  36.4345 by:
0
a. Removing paragraph (b)(1)(iii);
0
b. Redesignating the first paragraph (b)(1)(iv) as paragraph 
(b)(1)(iii);
0
c. Removing the word ``Director'' in paragraph (d), and adding, in its 
place, the words ``Director or Executive Director''; and
0
d. In paragraphs (e)(3) and (f)(3) removing the words ``Office of the 
Director of VA Loan Guaranty Service'' and adding, in their place, the 
words ``Office of the Executive Director, Loan Guaranty Service''.


Sec.  36.4412  [Amended]

0
7. Amend Sec.  36.4412 by:
0
a. Removing paragraph (i)(1)(ii); and

[[Page 51276]]

0
b. Redesignating paragraphs (i)(1)(iii) and (iv) as paragraphs 
(i)(1)(ii) and (iii), respectively.


Sec.  36.4520  [Amended]

0
8. In Sec.  36.4520 by amend paragraph (d), removing the word 
``Director'' and adding, in its place, the words ``Director or 
Executive Director''.


Sec.  36.4527  [Amended]

0
9. In Sec.  36.4527 amend paragraph (j)(4) by removing the word 
``Director'' and adding, in its place, the words ``Director or 
Executive Director''.

[FR Doc. 2021-19793 Filed 9-14-21; 8:45 am]
BILLING CODE 8320-01-P