4674 Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Rules and Regulations 

information associated with Indicator 

(c)(12). The average hours per response 

is less than the estimate in the 

November 2009 Notice because some 

States with higher than average 

percentages of in-state students have 

already completed this work. Excluding 

the IHEs from these States from the 

calculations led to a reduced average 

response time. 

The total estimated burden hours for 

complying with the collection and 

reporting requirements for Indicator 

(c)(12) is thus 57,983. 

The estimated burden hours for 

complying with the collection and 

reporting requirements associated with 

the Indicator (c)(11) alternative standard 

is discussed above. 

The total estimated burden hours for 

complying with the collection and 

reporting requirements associated with 

Indicators (b)(1), (c)(11) and (c)(12) is 

accordingly 228,911 hours. 

The total estimated burden for 

complying with the requirements in this 

notice is an increase of 233,399 hours 

under collection 1810–0695. 

COLLECTION OF INFORMATION

Information collection OMB Control number and estimated change in 

burden. 

This notice of revisions establishes an extension for collecting and reporting information associated with Indicators (b)(1), (c)(11), and (c)(12); an alternative standard for Indicator (c)(11); 

establishes requirements for requests for extensions of deadlines for Indicators (b)(1), 

(c)(11), and (c)(12); and establishes requirements for revised plans for Indicators (b)(1), 

(c)(11), and (c)(12).

OMB 1810–0695. The burden will increase by 

233,399 hours. 

Assessment of Educational Impact: In 

the NPR and in accordance with section 

411 of the General Education Provisions 

Act, 20 U.S.C. 1221e–4, we requested 

comments on whether the proposed 

requirements would require 

transmission of information that any 

other agency or authority of the United 

States gathers or makes available. 

Based on the response to the NPR and 

on our review, we have determined that 

these final requirements do not require 

transmission of information that any 

other agency or authority of the United 

States gathers or makes available. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of Federal 

financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Catalog of Federal Domestic Assistance 

(CFDA) Numbers: 84.394 (Education 

Stabilization Fund) and 84.397 (Government 

Services Fund). 

Dated: January 26, 2012. 

Arne Duncan, 

Secretary of Education. 

[FR Doc. 2012–2125 Filed 1–30–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Subtitle B, Chapter II 

[Docket ID ED–2011–OS–0010] 

RIN 1894–AA03 

State Fiscal Stabilization Fund 

Program 

AGENCY: Department of Education. 

ACTION: Notice of final requirement. 

SUMMARY: The Secretary of Education 

(Secretary) is adopting as a final 

requirement, without change, the 

interim final requirement for the State 

Fiscal Stabilization Fund (SFSF) 

program that extended to January 31, 

2012, the deadline by which States must 

collect and publicly report data and 

other information on various SFSF 

indicators and descriptors. 

DATES: This final requirement is 

effective January 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

James Butler, State Fiscal Stabilization 

Fund Program, U.S. Department of 

Education, 400 Maryland Ave. SW., 

room 7E214, Washington, DC 20202– 

0008. Telephone: (202) 260–9737 or by 

email: State.Fiscal.Fund@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 23, 2011, the Secretary 

published in the Federal Register (76 

FR 59036) an interim final requirement 

extending, to January 31, 2012, the 

deadline for collecting and publicly 

reporting data and other information on 

various SFSF indicators and descriptors. 

The interim final requirement became 

effective on the date of its publication 

in the Federal Register. At the time the 

interim final requirement was 

published, the Secretary requested 

public comment on whether an 

extension of the SFSF deadline to 

January 31, 2012, was warranted. 

As explained in the Summary section 

of the interim final requirement, the 

Secretary extended the deadline in 

response to the many challenges and 

competing priorities that States were 

facing in meeting the SFSF data 

collection and reporting requirements 

by the original September 30, 2011, 

deadline. 

There are no differences between the 

interim final requirement and this final 

requirement. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Rules and Regulations 4675 

Public Comment 

In response to our request for public 

comments on the interim final 

requirement, two parties submitted 

comments. Specifically, two States 

commented on the efficacy of collecting 

student enrollment data to meet the 

requirements of SFSF Indicator (c)(11) 

and the Department’s failure, in those 

States’ view, to indicate that a specific 

third-party postsecondary datamatching company could be used to 

meet those requirements. These 

comments do not relate to the deadline 

extension established in the interim 

final requirement nor do they address 

the further extensions proposed in a 

separate SFSF notice that was published 

in the Federal Register on the same day 

as the interim final requirement (i.e., the 

notice of proposed revisions to certain 

data collection and reporting 

requirements, and proposed priority (76 

FR 59074) (notice of proposed 

revisions)). Because these comments are 

outside the scope of the interim final 

requirement and notice of proposed 

revisions, we do not discuss them 

further in this preamble. 

Final Requirement 

Each State must collect and publicly 

report data and other information on the 

SFSF indicators and descriptors by 

January 31, 2012. 

Waiver of Delayed Effective Date 

The Administrative Procedure Act (5 

U.S.C. 553) requires that a substantive 

rule be published at least 30 days before 

its effective date, unless the rule grants 

or recognizes an exemption or relieves 

a restriction. (5 U.S.C. 553(d)(1)). 

Because we are granting States an 

extension of the September 30, 2011, 

deadline, the 30-day delayed effective 

date is not required. Accordingly, this 

final requirement is effective on the day 

it is published. 

Executive Orders 12866 and 13563 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

regulatory action is significant and, 

therefore, subject to the requirements of 

the Executive order and review by the 

Office of Management and Budget 

(OMB). Section 3(f) of Executive Order 

12866 defines ‘‘significant regulatory 

action’’ as an action likely to result in 

a rule that may (1) Have an annual effect 

on the economy of $100 million or 

more, or adversely affect a sector of the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local or tribal 

governments or communities in a 

material way (also referred to as an 

economically significant rule); (2) create 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impacts of 

entitlement grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles stated in the Executive 

order. 

It has been determined that this 

regulatory action is significant under 

section 3(f)(4) of the Executive order. 

We have also reviewed these 

regulations under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing these regulations only 

on a reasoned determination that their 

benefits justify their costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that maximize net benefits. 

Based on the analysis that follows, the 

Department believes that these 

regulations are consistent with the 

principles in Executive Order 13563. 

Summary of Costs and Benefits 

In accordance with both Executive 

orders, we have assessed the potential 

costs and benefits of the regulatory 

action to extend the current deadline by 

which a State must meet the 

requirements of the SFSF indicators and 

descriptors and have determined that 

the final requirement will not impose 

additional costs to grantees or the 

Federal government. Additionally, the 

Department has determined that this 

requirement does not unduly interfere 

with State, local, and tribal governments 

in the exercise of their governmental 

functions. 

Benefits 

The extension of the deadline by 

which States have to collect and 

publicly report data and other 

information on various SFSF indicators 

and descriptors helps States to balance 

competing priorities without any 

additional cost to the grantees or 

Federal government. 

Paperwork Reduction Act of 1995 

As part of its continuing effort to 

reduce paperwork and respondent 

burden, the Department conducts a 

preclearance consultation program to 

provide the general public and Federal 

agencies with an opportunity to 

comment on proposed and continuing 

collections of information in accordance 

with the Paperwork Reduction Act of 

1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). 

This helps ensure that: The public 

understands the Department’s collection 

instructions; respondents can provide 

the requested data in the desired format; 

reporting burden (time and financial 

resources) is minimized; collection 

instruments are clearly understood; and 

the Department can properly assess the 

impact of collection requirements on 

respondents. 

A Federal agency cannot conduct or 

sponsor a collection of information 

unless OMB approves the collection 

under the PRA and the corresponding 

information collection instrument 

displays a currently valid OMB control 

number. Notwithstanding any other 

provision of law, no person is required 

to comply with, or is subject to penalty 

for failure to comply with, a collection 

of information if the collection 

instrument does not display a currently 

valid OMB control number. 


wreier-aviles on DSK5TPTVN1PROD with RULES
4676 Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Rules and Regulations 

In the SFSF Phase 2 application, the 

Department established indicators and 

descriptors that required States to 

collect and publicly report data and 

other information. The Office of 

Management and Budget approved that 

information collection under an 

emergency review (OMB Control 

Number 1810–0695). The Department’s 

authority under that information 

collection expired and the Department 

attained approval from OMB to reinstate 

the collection under the same control 

number, OMB Control Number 1810– 

0695. As stated in this preamble, we are 

extending the deadline from September 

30, 2011, to January 31, 2012, for 

collecting and publicly reporting data 

and other information on various SFSF 

indicators and descriptors. Please note 

that the paperwork burden under OMB 

Control Number 1810–0695 is not due 

to, or changed by, the extension of the 

deadline date. For a full discussion of 

the paperwork burden under this 

control number, please see the 

Paperwork Reduction Act of 1995 

section in the interim final requirement 

published in the Federal Register on 

September 23, 2011 (76 FR 59036, 

59038). 

Regulatory Flexibility Act Certification 

The Secretary certifies that this 

regulatory action will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities will not incur any 

additional costs due to the extension of 

the deadline by which States have to 

collect and publicly report data and 

other information on various SFSF 

indicators and descriptors. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Program Authority: American Recovery 

and Reinvestment Act of 2009, Division A, 

Title XIV—State Fiscal Stabilization Fund, 

Public Law 111–5; 20 U.S.C. 1221e–3 and 

3474. 

Catalog of Federal Domestic Assistance 

(CFDA) Numbers: 84.394 (Education 

Stabilization Fund) and 84.397 (Government 

Services Fund). 

Dated: January 26, 2012. 

Arne Duncan, 

Secretary of Education. 

[FR Doc. 2012–2123 Filed 1–30–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 38 

RIN 2900–AO12 

Parents Eligible for Burial 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) amends existing regulations 

to reflect a new statutory authority to 

extend eligibility for burial in a national 

cemetery to include parents of certain 

veterans, as authorized by the Veterans’ 

Benefits Act of 2010 (the Act), enacted 

on October 13, 2010. The Act authorizes 

the Secretary of Veterans Affairs to inter 

the biological or legally adoptive 

parents of a deceased veteran if the 

deceased veteran is a hostile casualty or 

dies from a training-related injury, is 

interred in a VA national cemetery in a 

gravesite with available space, and has 

no spouse or child who is buried, or 

surviving spouse or child who, upon 

death, may be eligible for burial, in a 

national cemetery. 

DATES: Effective Date: This rule is 

effective January 31, 2012. 

Applicability Date: In accordance 

with section 502(e) of the Act, this 

amendment applies to parents who die 

on or after October 13, 2010, of veterans 

who die on or after October 7, 2001. 

FOR FURTHER INFORMATION CONTACT: For 

eligibility issues, contact Robert Morris, 

Office of Field Programs (41A), National 

Cemetery Administration, Department 

of Veterans Affairs, 810 Vermont 

Avenue NW., Washington DC 20420. 

Telephone: (202) 461–6365 (this is not 

a toll-free number). For regulatory 

issues, contact Jane Kang, Program 

Analyst, Legislative and Regulatory 

Service, National Cemetery 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue NW., 

Washington, DC 20420. Telephone: 

(202) 461–6216 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: The goal 

of the National Cemetery 

Administration is to ensure that the 

burial needs of veterans and eligible 

family members are met by providing 

burial and memorialization in VA 

national cemeteries. 

Subsection (a)(9) of 38 U.S.C. 2402, as 

added by section 502 of the Veterans’ 

Benefits Act of 2010, authorizes the 

interment of parents of certain deceased 

veterans interred in VA national 

cemeteries, if the Secretary determines 

there is available space at the gravesite 

where the deceased veteran is interred. 

38 U.S.C. 2402(a)(9); Public Law 111– 

275, sec. 502(b), 124 Stat. 2864, 2882 

(Oct. 13, 2010). Authority to inter is 

limited to the biological or legally 

adoptive parents of a veteran who: (1) Is 

a ‘‘hostile casualty’’ or died from a 

‘‘training-related injury’’; (2) is interred 

in a VA national cemetery in a gravesite 

with available space; and (3) at the time 

of the parent’s death has no spouse or 

child who is buried, or surviving spouse 

or child who, upon death, may be 

eligible for burial, in a VA national 

cemetery as the spouse, surviving 

spouse, or minor child of the veteran. 

For purposes of eligibility for burial in 

a national cemetery, the term ‘‘veteran’’ 

includes a person who died while in the 

active military, naval, or air service. 38 

U.S.C. 2402(a)(1). Revision of 38 CFR 

38.620 is necessary to reflect the new 

statutory authority for VA to inter 

qualifying parents of certain veterans in 

VA national cemeteries. 

Under prior law, parents of veterans 

were not eligible for burial at a VA 

national cemetery unless they had 

attained eligibility through military 

service or marriage. However, 

recognizing the unique burden on the 

surviving parents of fallen 

servicemembers, the Act provides burial 

eligibility to those parents whose 

unmarried veteran son or daughter dies 

due to combat or training-related 

injuries. The Act also recognizes that 

national cemeteries are national shrines 

to honor eligible veterans and that 

gravesites should not be taken from 

those who have earned the right to 

burial in a national cemetery by serving 

their country. The Act accomplishes 

both goals by limiting the circumstances 

under which a parent is eligible for 

burial. 

First, burial eligibility is limited to the 

biological or legally adoptive parents of 

a deceased veteran. The Act defines a 


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