Federal Register - September 22, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Rules and Regulations
applied for the program on or after October 1, 2020, legacy participants and their Family Caregivers were not aware of the regulatory changes that would go into effect on October 1, 2020, and are therefore at the greatest risk of being affected by those changes.
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 Secretary hereby certifies that this interim 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. 601612. This interim final rule extends the time for VA to conduct legacy reassessments and the transition period for legacy applicants, legacy participants, and their Family Caregivers. This rule has no impact on small entities. Therefore, pursuant to 5 U.S.C. 605b, the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do not apply.
Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of
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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 interim final rule will have no such effect on State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act This interim 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 64.009, Veterans Medical Care Benefits.
Congressional Review Act
Affairs amends 38 CFR part 71 as follows:
PART 71CAREGIVERS BENEFITS
AND CERTAIN MEDICAL BENEFITS
OFFERED TO FAMILY MEMBERS OF
VETERANS
1. The authority citation for part 71
continues to read as follows:
Authority: 38 U.S.C. 501, 1720G, unless otherwise noted.
Section 71.40 also issued under 38 U.S.C.
111e, 1720B, 1782.
Section 71.47 also issued under 31 U.S.C.
3711; 38 U.S.C. 5302, 5314.
Section 71.50 also issued under 38 U.S.C.
1782.
71.20
2. Amend 71.20 in paragraphs b and c by removing one year and adding two years in its place.
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.
71.20
List of Subjects in 38 CFR Part 71
71.40
Administrative practice and procedure, Caregivers program, Claims, Health care, Health facilities, Health professions, Mental health programs, Travel and transportation expenses, Veterans.
Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on July 30, 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.
Consuela Benjamin, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs.
Amended
Amended
3. Amend 71.30 in paragraphs e1
and 2 by removing one-year and adding two-year in its place.
Amended
4. Amend 71.40:
a. In paragraphs c4iB
introductory text and c4iC and D, by removing the words one year and adding in their place the words two years.
b. In paragraph c4iiC2i, by removing the words one-year each place they appear and adding in their place the words two-year.
c. In paragraph c4iiC2ii and note to paragraph c4iiC2, by removing the words the date that is one year after October 1, 2020 each place they appear and adding in their place the words October 1, 2022.
FR Doc. 202120112 Filed 92121; 8:45 am BILLING CODE 832001P
For the reasons stated in the preamble, the Department of Veterans
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