[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66579-66580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18419]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AS14


Veteran Readiness and Employment Program: Delegation of 
Concurrence for Entitlement Extensions

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulations to authorize VA Regional Office (RO) Veteran Readiness and 
Employment Officers (VREO) to delegate their concurrence authority to 
extend a Veteran's entitlement to a rehabilitation program. The 
inability to delegate can delay the delivery of services if a VREO is 
unexpectedly out of the office for an extended period. A delegation of 
authority for entitlement extensions would follow other established 
procedures that allow for delegation of authority to a designee.

DATES: This rule is effective August 16, 2024.

FOR FURTHER INFORMATION CONTACT: Loraine Spangler, Policy Analyst, 
Veteran Readiness and Employment Services (28), 810 Vermont Avenue NW, 
Washington, DC 20420, [email protected], 202-461-9600. (This is 
not a toll-free telephone number.)

SUPPLEMENTARY INFORMATION: VA is amending 38 CFR 21.78(d) to authorize 
VREOs to delegate their concurrence authority to extend a Veteran's 
entitlement to a rehabilitation program. The lack of authority to 
delegate can delay the delivery of services if a VREO is out of the 
office for an extended period. A delegation of authority for 
entitlement extensions would follow other established procedures that 
allow for delegation of authority to a designee.
    The total period a Veteran may participate in a Veteran Readiness 
and Employment rehabilitation program under chapter 31 alone may not 
exceed 48 months; however, there are situations when VA may extend a 
Veteran's entitlement to meet their individual needs. This is not 
automatically granted, and the Veteran must meet established criteria. 
Currently, only a VREO can provide the required concurrence for an 
extension that will exceed the 48-month limitation.
    VA has general delegation authority under 38 U.S.C. 512(a). This 
amendment aligns with 38 U.S.C. 3105(b), will decrease approval times 
for entitlement extensions, and will allow for more timely services to 
Veterans.

Administrative Procedure Act

    The Secretary of Veterans Affairs finds that there is good cause 
under the Administrative Procedure Act (APA) to publish this rule 
without prior opportunity for public comment and with an immediate 
effective date. Pursuant to 5 U.S.C. 553(b)(B), general notice and 
opportunity for public comment are not required with respect to a 
rulemaking when an ``agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefor in the rules issued) 
that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.'' The Secretary finds 
that it is unnecessary to delay issuance of this rule for the purpose 
of soliciting prior public comment. This final rule will neither amend 
the substantive content of the regulation cited nor have a substantive 
impact on the public. Rather, the delegation of authority in 38 CFR 
21.78(d) is procedural in nature and within VA's general delegation 
authority under 38 U.S.C. 512(a). Consequently, this rule is exempt 
from the notice-and-comment requirement as a rule of agency 
organization, procedure, or practice pursuant to 5 U.S.C. 553(b)(A).
    The APA also requires a 30-day delayed effective date, except for 
``(1) a substantive rule which grants or recognizes an exemption or 
relieves a restriction; (2) interpretative rules and statements of 
policy; or (3) as otherwise

[[Page 66580]]

provided by the agency for good cause found and published with the 
rule.'' 5 U.S.C. 553(d). For the reasons stated above, the Secretary 
finds that there is also good cause for this rule to be effective 
immediately upon publication. Any delay in implementation would be 
unnecessary for purposes of 5 U.S.C. 553(d)(3).

Executive Orders 12866, 13563, and 14094

    Executive Order 12866 (Regulatory Planning and Review) directs 
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 14094 (Executive Order on 
Modernizing Regulatory Review) supplements and reaffirms the 
principles, structures, and definitions governing contemporary 
regulatory review established in Executive Order 12866 of September 30, 
1993 (Regulatory Planning and Review), and Executive Order 13563 of 
January 18, 2011 (Improving Regulation and Regulatory Review). The 
Office of Information and Regulatory Affairs has determined that this 
rulemaking is not a significant regulatory action under Executive Order 
12866, as amended by Executive Order 14094. 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. 601-612, is not applicable 
to this rulemaking because notice of proposed rulemaking is not 
required. 5 U.S.C. 601(2), 603(a), 604(a).

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).

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 satisfying the criteria under 5 U.S.C. 
804(2).

List of Subjects in 38 CFR Part 21

    Administrative practice and procedure, Armed forces, Civil rights, 
Claims, Colleges and universities, Conflict of interests, Defense 
Department, 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, Veteran readiness.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on August 13, 2024, 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,
Regulations 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 is amending 38 CFR part 21 as set forth below:

PART 21--VETERAN READINESS AND EMPLOYMENT AND EDUCATION

Subpart A--Veteran Readiness and Employment

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.  21.78  [Amended]

0
2. Amend Sec.  21.78, in paragraph (d), by adding in the first 
sentence, after the word ``Officer'', the words ``or designee''.

[FR Doc. 2024-18419 Filed 8-15-24; 8:45 am]
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