Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations 19909 

Dated: April 5, 2011. 

John J. Manfreda, 

Administrator. 

[FR Doc. 2011–8528 Filed 4–8–11; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF JUSTICE 

Office of Justice Programs 

28 CFR Part 94 

[Docket No.: OJP (OVC) 1539] 

RIN 1121–AA78 

International Terrorism Victim Expense 

Reimbursement Program 

AGENCY: Office of Justice Programs, 

Justice. 

ACTION: Interim-final rule. 

SUMMARY: The Office for Victims of 

Crime (OVC) is promulgating this 

interim-final rule for its International 

Terrorism Victim Expense 

Reimbursement Program (ITVERP) in 

order to remove a regulatory limitation 

on the discretion of the Director of OVC 

to accept claims filed more than three 

years after the date that an incident is 

designated as an incident of 

international terrorism. 

DATES:

Effective date: This interim-final rule 

is effective April 11, 2011. 

Comment date: Written comments 

must be submitted on or before June 10, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Chandria Slaughter, Grant Program 

Specialist, International Terrorism 

Victim Expense Reimbursement 

Program, at 202–307–5983. 

SUPPLEMENTARY INFORMATION: 

I. Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at http:// 

www.regulations.gov. Information made 

available for public inspection includes 

personal identifying information (such 

as your name, address, etc.) voluntarily 

submitted by the commenter. 

If you wish to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not wish it to be 

posted online, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also locate 

all the personal identifying information 

that you do not want posted online in 

the first paragraph of your comment and 

identify what information you want the 

agency to redact. Personal identifying 

information identified and located as set 

forth above will be placed in the 

agency’s public docket file, but not 

posted online. 

If you wish to submit confidential 

business information as part of your 

comment but do not wish it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, the agency may choose not to 

post that comment (or to only partially 

post that comment) on http:// 

www.regulations.gov. Confidential 

business information identified and 

located as set forth above will not be 

placed in the public docket file, nor will 

it be posted online. 

If you wish to inspect the agency’s 

public docket file in person by 

appointment, please see the FOR

FURTHER INFORMATION CONTACT

paragraph. 

II. Background 

ITVERP is a Federal program that 

provides reimbursement to nationals of 

the United States and Federal 

government employees (and certain 

family members of such individuals, 

under some circumstances), who are 

victims of international terrorism and 

who incur expenses as a result of such 

incidents. For further information, see 

the ITVERP Web site at http:// 

www.ojp.usdoj.gov/ovc/intdir/itverp. 

OVC is promulgating (pursuant to 42 

U.S.C. 10603c and 42 U.S.C. 10604(a)) 

this interim-final rule to provide the 

Director of OVC with express 

discretionary authority to accept claims 

filed more than three years after the date 

that an incident is designated as one of 

international terrorism. Largely owing to 

considerations of administrative 

convenience, the present ITVERP rule 

regarding application deadlines limits 

the period within which OVC would 

entertain waivers of claim filing 

deadlines. Based on experience 

administering the program since it went 

into effect in 2006, OVC has determined 

that this limit on waivers of late claims 

may lead to denials of reimbursement 

for victims with otherwise meritorious 

claims, even under circumstances where 

tolling of the deadline would be 

appropriate. 

The rule will allow the Director of 

OVC to toll or extend the deadline for 

a late-filed claim where the Director 

finds good cause to do so. In the 

ordinary course, a showing of good 

cause generally would require that the 

claimant submit a written explanation— 

satisfactory to the Director—for missing 

the deadline. Examples of good cause 

include situations where a victim’s 

treatment for injuries sustained in an 

incident were covered initially by 

collateral sources, but these sources 

later become unavailable after the filing 

deadline has expired; where outreach to 

overseas claimants has not been 

effective; and where a claimant’s 

extended illness, living abroad in 

remote areas for extended periods of 

time, or barriers to accessing 

information about the program led to 

the late filing. Absent circumstances 

consonant with the foregoing, good 

cause would not exist; thus, for 

example, claimant’s missing the 

deadline due to mere inattentiveness to 

the program’s deadlines would not be 

sufficient to establish good cause. 

The amended rule will not alter any 

existing regulatory deadlines, nor will it 

impose any new deadlines (or any 

burden whatsoever) on claimants, but 

instead merely will operate to relieve an 

administrative restriction, in the 

existing rule, on claim filing (such rule 

having been promulgated largely for the 

administrative convenience of OVC, 

which has found it, over the course of 

four years of program administration, to 

be unnecessary). This rule is being 

published in interim-final form, 

effective immediately, as there are 

presently ITVERP claims before OVC 

that might otherwise be unnecessarily 

denied or delayed. 

III. Regulatory Requirements 

Executive Order 12866—Regulatory 

Planning and Review 

This regulation has been drafted in 

accordance with Exec. Order No. 12866, 

section 1(b), 58 FR 51, 735 (Sept. 30, 

1993), Principles of Regulation. OJP has 

determined that this regulation is not a 

‘‘significant regulatory action’’ under 

Executive Order No. 12866. 

Nevertheless, this regulation has been 

reviewed, in accordance with the 

general principles of Executive Order 

No. 12866, by the Office of Management 

and Budget. 

Administrative Procedure Act 

OVC’s implementation of this rule as 

an interim-final rule, with provision for 

post-promulgation public comment, is 

based on findings of good cause 

pursuant to the Administrative 

Procedure Act (5 U.S.C. 553(b)(3)(B) and 

(d)). This minor rule amendment merely 

alleviates a procedural restriction on 

WReier-Aviles on DSKGBLS3C1PROD with RULES

19910 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations 

ITVERP claimants that might otherwise 

lead to the denial of meritorious claims 

from victims, even where such victims 

show good cause for delayed filing. 

The rule would not adversely affect 

any segment of the public whatsoever, 

as it would not result in the denial of 

any additional claims, and therefore 

advance notice and public comment are 

unnecessary. The present rule clearly is 

one that ‘‘grants or recognizes an 

exemption or relieves a restriction,’’ and, 

therefore, waiver of the 30-day period 

prior to the rule’s taking effect is 

likewise appropriate here. See 5 U.S.C. 

553(d)(1). The changes made by this 

interim-final rule remove an 

unnecessary administrative restriction 

on claim filing, and operate for the 

benefit of victims of international 

terrorism who may apply for the 

program. 

As there are presently ITVERP claims 

before OVC that might otherwise be 

unnecessarily denied or delayed absent 

this amendment, it is impractical and 

contrary to the public interest to delay 

implementation of this rule. Moreover, 

the portion of the ITVERP rule amended 

by this interim-final rule directly affects 

only the Director of OVC, and the 

Director has ‘‘actual notice’’ of this rule, 

per 5 U.S.C. 553(b). OVC believes that 

the rule is noncontroversial and adverse 

comments will not be received, 

although comments on this rule are 

invited. Accordingly, OVC finds that 

‘‘good cause’’ exists under 5 U.S.C. 

553(b)(B) and 553(d) to make this rule 

effective upon publication in the 

Federal Register. Public comment after 

this rule is published is welcomed, and 

will be carefully reviewed to ensure that 

any substantive concerns or issues are 

addressed. 

Executive Order 13132—Federalism 

This regulation will not have a 

substantial direct effect on the states, on 

the relationship between the national 

government and the states, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Exec. Order No. 13132, 

64 FR 43, 255 (Aug. 4, 1999), it is 

determined that this regulation does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

Cost/Benefit Assessment 

This regulation has no cost to state, 

local, or tribal governments, or to the 

private sector. It merely alleviates an 

administrative restriction on victim 

claim filing by permitting the OVC 

Director to allow late filing where the 

Director determines that this is 

appropriate. The ITVERP is funded by 

fines, fees, penalty assessments, and 

forfeitures paid by federal offenders, as 

well as gifts from private individuals, 

deposited into the Crime Victims Fund 

in the U.S. Treasury, and set aside in the 

Antiterrorism Emergency Reserve Fund, 

which is capped at $50 million in any 

given year. The cost to the Federal 

Government consists both of 

administrative expenses and amounts 

reimbursed to victims. Both types of 

costs depend on the number of 

claimants, prospective as well as 

retroactive. This rule is not expected to 

significantly increase the number of 

eligible claimants, and therefore the 

negligible cost potentially associated 

with allowing certain late-filed claims to 

be processed is clearly outweighed by 

considerations of fairness in the 

program’s administration (given that the 

program is relatively new) and the 

benefit of ensuring that victims eligible 

for, and in need of, reimbursement for 

injuries and losses from overseas 

terrorism are provided such 

reimbursement. This regulation is not 

expected to substantially increase the 

overall budgetary impact of the ITVERP. 

Regulatory Flexibility Act 

This regulation will not have a 

significant economic impact on a 

substantial number of small entities. 

This regulation has no cost to State, 

local, or tribal governments, or to the 

private sector. The ITVERP is funded by 

fines, fees, penalty assessments, and 

bond forfeitures paid by Federal 

offenders, as well as gifts from private 

individuals, deposited into the Crime 

Victims Fund in the U.S. Treasury. 

Therefore, an analysis of the impact of 

this regulation on such entities is not 

required under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.). 

Paperwork Reduction Act of 1995 

This rule contains no new 

information collection or record-keeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501, 

et seq.). 

Unfunded Mandates Reform Act of 1995 

This regulation will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

List of Subjects in 28 CFR Part 94 

Administrative practice and 

procedures, International terrorism, 

Victim compensation. 

Accordingly, for the reasons set forth 

in the preamble, title 28, part 94, 

subpart A of the Code of Federal 

Regulations is amended as follows: 

PART 94—CRIME VICTIM SERVICES 

■ 1. The authority citation for part 94 

continues to read as follows: 

Authority: Victims of Crime Act (VOCA), 

Title II, Secs. 1404C and 1407 (42 U.S.C. 

10603c, 10604). 

Subpart A—International Terrorism 

Victim Expense Reimbursement 

Program 

■ 2. Revise § 94.32 to read as follows: 

§ 94.32 Application deadline. 

For claims related to acts of 

international terrorism that occurred 

after October 6, 2006, the deadline to 

file an application is three years from 

the date of the act of international 

terrorism. For claims related to acts of 

international terrorism that occurred 

between December 21, 1988, and 

October 6, 2006, the deadline to file an 

application is October 6, 2009. At the 

discretion of the Director, the deadline 

for filing a claim may be tolled or 

extended upon a showing of good cause. 

Dated: March 31, 2011. 

Laurie O. Robinson, 

Assistant Attorney General. 

[FR Doc. 2011–8479 Filed 4–8–11; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0202] 

Drawbridge Operation Regulations; 

Harlem River, New York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the 103rd Street (Wards 

Island) Pedestrian Bridge, mile 0.0, 

across the Harlem River at New York 

City, New York. The deviation is 

necessary to facilitate bridge 

rehabilitation. This deviation allows the 

WReier-Aviles on DSKGBLS3C1PROD with RULES