Je veux savoir à propos de…

68410

Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1

consent decree that required VA to readjudicate claims filed by a specific class of veterans who served in the Republic of Vietnam. In the event that VAs readjudication of a veterans claim was favorable, VA would make payment of any past-due benefits to the veteran.
However, as clarified by a subsequent court order, if VAs readjudication of a veterans claim was favorable but the veteran was deceased, VA would pay the full amount of any past-due benefits to the first individual or entity listed, in this order: 1 The veterans spouse; 2
the veterans children in equal shares;
3 the veterans parents in equal shares;
and 4 the veterans estate.
On September 17, 2021, the plaintiffs in Nehmer filed a motion with the district court in which they sought to enforce the consent decree. As part of their motion, the plaintiffs requested that the court issue an order requiring VA to rescind the last sentence in section 3.816f3: If, following such efforts, VA releases the full amount of unpaid benefits to a payee, VA may not thereafter pay any portion of such benefits to any other individual, unless VA is able to recover the payment previously released.
On November 10, 2021, the court issued an order Nehmer v. U.S.
Department of Veterans Affairs, No.
C8606160 WHA, USDC N. District California, November 10, 2021 vacating the final sentence of section 3.816f3, directing VA to issue a rule rescinding that sentence, and requiring VA to publish that rule in the Federal Register. Consistent with that order, VA
is issuing this rulemaking to remove the final sentence from section 3.816f3.
Administrative Procedure Act The Secretary of Veterans Affairs finds that there is good cause under the provisions of 5 U.S.C. 553bB and d3 to publish this rule without prior opportunity for public comment and with an immediate effective date. The good cause exception allows an agency to forego public notice and comment where it would be impracticable, unnecessary, or contrary to the public interest. See 5 U.S.C. 553bB.
Similarly, under 5 U.S.C. 553d3, an agency may forego the requirement for a delayed effective date for good cause found and published with the rule.
This amendment to section 3.816f3 is ministerial in that it simply implements the courts November 10, 2021, order.
Furthermore, delay in publication of this notice could lead to confusion among the public, particularly among new payees who may otherwise lack notice that the final sentence in section 3.816f3 has been vacated. As the
VerDate Sep<11>2014

16:00 Dec 01, 2021

Jkt 256001

court noted in its order, this presents a serious risk to certain payees who may otherwise believe they are not entitled to their share of a Nehmer award. For these reasons, notice and comment and a delayed effective date are unnecessary, impracticable, and contrary to the public interest, and, consequently, VA has good cause under the Administrative Procedure Act to publish this rule without prior opportunity for public comment and with an immediate effective date.
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. 601612, is not applicable to this rulemaking because notice of proposed rulemaking is not required. 5 U.S.C.
6012, 603a, 604a.
Unfunded Mandates
Assistance Listing The Assistance Listing program numbers and titles for this rule are 64.104 Pension for Non-ServiceConnected 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 Compensation for Service-Connected Death.
Congressional Review Act Pursuant to 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. 8042.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits, Veterans.
Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on November 24, 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.
Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs.

For the reasons set forth in the preamble, 38 CFR part 3 is amended as follows:
PART 3ADJUDICATION
Subpart ASpecial Benefits 1. The authority citation for part 3, subpart A continues to read as follows:

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 would have no such effect on State, local, and tribal governments, or on the private sector.

Authority: 38 U.S.C. 501.
3.816

Amended
2. Amend 3.816 by removing the last sentence in paragraph f3.

FR Doc. 202126084 Filed 12121; 8:45 am BILLING CODE 832001P

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. 35013521.

PO 00000

Frm 00022

Fmt 4700

Sfmt 9990

E:FRFM02DER1.SGM

02DER1