86058 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

upper, middle, and lower sections of 

river. The Superintendent will notify 

the public of the designated access 

points in accordance with § 1.7 of this 

chapter. 

(6) Operating a motorized vessel in a 

manner not allowed by this paragraph 

(b) is prohibited. 

(7) The Superintendent may restrict or 

impose conditions on the use of 

motorized vessels, or close any portion 

of the Riverways to motorized vessels, 

after taking into consideration public 

safety, protection or park resources, 

weather conditions and park 

management objectives. The 

Superintendent will provide notice of 

any such action in accordance with § 1.7 

of this chapter. A violation of any such 

restriction, condition, or closure is 

prohibited. 

* * * * * 

Matthew J. Strickler, 

Deputy Assistant Secretary Exercising the 

Delegated Authority of the Assistant Secretary 

for Fish and Wildlife and Parks. 

[FR Doc. 2023–27168 Filed 12–11–23; 8:45 am] 

BILLING CODE 4312–52–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 385 

[Docket No. Docket No. 23–CRB–0014–PR– 

COLA (2024)] 

Cost of Living Adjustment to Royalty 

Rates and Terms for Making and 

Distributing Phonorecords 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule; cost of living 

adjustment. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) in the royalty rates for the 

statutory license for making and 

distributing phonorecords of 

nondramatic musical works regarding 

physical phonorecords and Permanent 

Downloads. 

DATES: 

Effective date: December 12, 2023. 

Applicability date: These rates and 

terms are applicable during the period 

from January 1, 2024, through December 

31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, Program Specialist, (202) 

707–7658, crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

115 of the Copyright Act, title 17 of the 

United States Code, creates a statutory 

license for making and distributing 

phonorecords of nondramatic musical 

works. On December 16, 2022, the 

Copyright Royalty Judges (Judges) 

adopted final regulations that set rates 

and terms applicable for the statutory 

license for making and distributing 

phonorecords of nondramatic musical 

works. See 87 FR 76942. 

Pursuant to those regulations, at least 

25 days before January 1 of each year, 

the Judges shall publish in the Federal 

Register notice of a cost of living 

adjustment (COLA) applicable to the 

royalty fees for making and distributing 

physical phonorecords and Permanent 

Downloads. 37 CFR 385.11. 

The royalty fee shall be adjusted to 

reflect any changes occurring in the cost 

of living as determined by the most 

recent Consumer Price Index for All 

Urban Consumers (U.S. City Average, all 

items) (CPI–U) published by the 

Secretary of Labor before December 1 of 

the preceding year. The calculation of 

the rate for each year shall be 

cumulative based on a calculation of the 

percentage increase in the CPI–U from 

the CPI–U published in November, 2022 

(the Base Rate) and shall be made 

according to the following formulas: for 

the per-work rate, (1 + (Cy ¥ Base 

Rate)/Base Rate) × 12¢, rounded to the 

nearest tenth of a cent; for the perminute rate, (1 + (Cy ¥ Base Rate)/Base 

Rate) × 2.31¢, rounded to the nearest 

hundredth of a cent; where Cy is the 

CPI–U published by the Secretary of 

Labor before December 1 of the 

preceding year. 37 CFR 385.11(a)(2). 

List of Subjects in 37 CFR Part 385 

Copyright, Phonorecords, Recordings. 

Final Regulations 

In consideration of the foregoing, the 

Judges amend part 385 of title 37 of the 

Code of Federal Regulations as follows: 

PART 385—RATES AND TERMS FOR 

USE OF NONDRAMATIC MUSICAL 

WORKS IN THE MAKING AND 

DISTRIBUTING OF PHYSICAL AND 

DIGITAL PHONORECORDS 

■ 1. The authority citation for part 385 

continues to read as follows: 

Authority: 17 U.S.C. 115, 801(b)(1), 

804(b)(4). 

■ 2. Section 385.11 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 385.11 Royalty fees for the public 

performance of sound recordings and the 

making of ephemeral recordings. 

(a) * * * 

(1) 2024 rate. For the year 2024 for 

every physical phonorecord and 

Permanent Download the Licensee 

makes and distributes or authorizes to 

be made and distributed, the royalty rate 

payable for each work embodied in the 

phonorecord or Permanent Download 

shall be either 12.40 cents or 2.39 cents 

per minute of playing time or fraction 

thereof, whichever amount is larger. 

* * * * * 

Dated: December 7, 2023. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2023–27290 Filed 12–8–23; 11:15 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AP86 

Active Service Pay 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) amends its adjudication 

regulations to permit VA to adjust 

disability compensation payments 

under certain circumstances upon 

receipt of notice from the Department of 

Defense (DoD) that the veteran has 

received or is receiving active service 

pay. The effect of this action is to reduce 

overpayments and erroneous payments 

associated with receipt of VA disability 

compensation and DoD active service 

pay by allowing VA to make necessary 

adjustments as close in time to the 

receipt of active service pay as possible. 

Additionally, the amendments will 

allow VA to resume payments 

discontinued due to receipt of active 

service pay based on information 

received from DoD. The amendments 

will also clarify how VA adjudicates 

benefit adjustments based on a veteran’s 

receipt of active service pay for certain 

types of service. 

DATES: Effective Date: This rule is 

effective January 11, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Robert Parks, Chief, Regulations Staff 

(211C), Compensation Service (21C), 

Veterans Benefits Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue NW, Washington, DC 

20420, (202) 461–9540. (This is not a 

toll-free telephone number.) 

SUPPLEMENTARY INFORMATION: On April 

19, 2019, VA published a proposed rule 

in the Federal Register at 84 FR 16421 

to amend 38 CFR 3.103 and 3.654 to 

permit VA to suspend disability 

compensation payments upon receipt of 


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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 86059 

notice from DoD that the veteran has 

received or is receiving active service 

pay and to clarify how VA adjudicates 

benefit adjustments based on receipt of 

active service pay for certain types of 

service. Section 5304(c) of title 38, 

United States Code, provides that 

pension, compensation, or retirement 

pay shall not be paid for any period in 

which a veteran receives active service 

pay. Currently, VA cannot take 

immediate action on DoD-provided 

information but rather must provide a 

veteran with notice of a proposed 

adverse action—such as suspension of 

disability compensation payments—and 

60 days to provide evidence showing 

why the adverse action should not be 

taken. VA continues to pay benefits 

during this 60-day period. This becomes 

problematic for some veterans on active 

duty serving in remote locations, such 

as a combat zone or similarly austere 

environments, with infrequent mail 

service and no reasonable method for 

dealing with financial matters. As a 

result of this rulemaking, VA will be 

able to leverage technological 

advancements and process benefit 

adjustments based upon information 

received from DoD regarding a veteran’s 

receipt of active service pay under 

certain circumstances, described in 

more detail below. 

VA invited interested persons to 

submit written comments on or before 

June 18, 2019. VA received four 

comments in response to the proposed 

rule. VA received comments from two 

organizations, National Organization of 

Veterans’ Advocates, Inc. (NOVA) and 

Disabled American Veterans (DAV), and 

two members of the public. Some 

comments addressed more than one 

issue. In those instances, VA reviewed 

and considered each issue 

independently. VA also grouped all of 

the issues raised by the commenters that 

concerned at least one portion of the 

rule together by topic. VA organized the 

responses to the comments by topic. 

The responses to the comments are as 

follows: 

I. Remove Reference to Prospective 

Receipt of Pay 

Two comments requested the removal 

of the phrase ‘‘will receive active service 

pay,’’ in the proposed regulatory text in 

38 CFR 3.103(b)(3)(v). One commenter 

asserted that suspending compensation 

based on notice that a veteran will 

receive active service pay is inconsistent 

with 38 U.S.C. 5304(c). The commenter 

also contended that active duty dates 

could change, or receipt of active 

service pay could be delayed, 

potentially creating a situation where a 

veteran has his/her compensation 

suspended but does not receive active 

service pay. The other commenter 

asserted that including the language 

‘‘will receive active service pay’’ 

increases the risk that someone will 

have benefits suspended before he or 

she is actually receiving active service 

pay. 

Concerning notice from DoD, VA 

clarifies that DoD will not inform VA of 

prospective active service pay, only past 

and current pay. VA revises 

§ 3.103(b)(3)(v) to clarify that veterans 

can submit notice concerning past, 

current, and future receipt of active 

service pay, and DoD notice will only 

pertain to past or current receipt of 

active service pay. Accordingly, changes 

will not be made on the basis of notice 

of prospective pay from DoD. 

Concerning notice provided to VA by 

a veteran, VA will continue to take 

action, without any advance notice 

period, based on statements by a veteran 

indicating that the veteran will receive 

active service pay. Payments, however, 

are discontinued effective the day 

preceding reentrance on active duty, not 

as of the date of receipt of the notice. If 

a veteran informs VA prior to the 

discontinuance of payments that the 

dates of service have changed or the 

veteran will no longer return to service, 

VA will make the necessary adjustments 

prior to the discontinuance if time 

allows and will otherwise reinstate 

benefits the same day they were 

discontinued. In the case of training 

pay, benefits are withheld for the 

number of training days in the relevant 

time period. If a veteran provides timely 

notice that pay was not received for 

expected training duty, retroactive 

payments will be authorized. 38 CFR 

3.654(c). Therefore, VA does not agree 

that dispensing with the 60-day notice 

period in this situation is inconsistent 

with 38 U.S.C. 5304(c), which precludes 

concurrent receipt of VA compensation 

and active service pay. 

II. Expedited Review 

One comment recommended that VA 

provide an expedited review process for 

veterans who allege error in the 

suspension of compensation benefits 

based on notice of receipt of active 

service pay. VA points out that, due to 

the Veterans Appeals Improvement and 

Modernization Act of 2017, Public Law 

115–55, veterans who disagree with a 

decision by VA have options including 

requesting a higher-level review if 

additional evidence is not needed to 

resolve the matter or filing a 

supplemental claim if additional 

evidence is needed. VA’s goal for 

completing higher-level reviews and 

supplemental claims is 125 days. 

Therefore, there are avenues for review 

of such allegations of errors to receive 

expeditious processing in the current 

claims processing framework. VA makes 

no changes based on this comment. 

III. General 

VA received two general comments 

that were not associated with preventive 

efforts to reduce the financial burden on 

veterans of overpayments due to 

concurrent receipt of both VA disability 

compensation and DoD active service 

pay. One commenter expressed 

disagreement with the proposed rule, 

stating that veterans should be 

compensated more, not less. This 

rulemaking affects the process for 

making necessary adjustments based on 

receipt of active service pay, not the 

amount of compensation to which a 

veteran is entitled. Section 5304(c) of 

title 38, United States Code, clearly 

precludes concurrent receipt of VA 

compensation and active service pay. 

VA does not have authority to ignore 

this statutory command in order to 

provide veterans additional 

compensation. The commenter also 

discussed concerns for veterans with 

mental health symptoms. VA makes no 

changes based on this comment as it is 

beyond the scope of this rulemaking. 

The other comment consisted of a 

consent agreement from a banking 

institution without any accompanying 

text describing why the document was 

submitted as a comment or how it 

pertains to active service pay. This 

comment is not relevant to the rule 

amendment; therefore, VA makes no 

changes based on this comment. 

IV. Resuming Payments Based on DoD 

Notice 

Based on further agency 

consideration, VA makes additional 

changes to the proposed rule. VA 

proposed amendments to allow VA to 

suspend disability compensation 

payments based on notice from DoD of 

receipt of active service pay, explaining 

that the regulatory change would reduce 

the financial impact on veterans 

associated with receipt of VA disability 

compensation and DoD active service 

pay as well as reducing the reporting 

burden on veterans in cases where VA 

receives information directly from DoD. 

84 FR 16421 (April 19, 2019). VA also 

explained that VA and DoD were 

discussing changes to the way VA 

receives notification that a veteran has 

received active service pay. 84 FR at 

16423. VA has determined that, in 

addition to discontinuing payments 

based on DoD notice under certain 

circumstances, described in more detail 

below, it will be possible in many cases 


ddrumheller on DSK120RN23PROD with RULES1
86060 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

to resume payments based on 

information received from DoD. This 

will reduce the reporting burden on 

veterans in cases where VA receives 

information directly from DoD. There 

may be cases, however, where VA does 

not receive timely notice of a veteran’s 

release from active duty or active duty 

for training from DoD. Therefore, VA 

revises 38 CFR 3.654(b)(2) to allow VA 

to resume payments based on notice 

from DoD that a veteran has been 

released from active duty or active duty 

for training while maintaining the 

option for the veteran to inform VA of 

such release by filing a claim to 

recommence payments. If VA receives 

notice from DoD or a claim for 

recommencement of payments within 

one year from the date of release from 

active duty or active duty for training, 

payments, if otherwise in order, will be 

resumed effective the day following 

release. Otherwise, payments will be 

resumed effective one year prior to the 

date of receipt of a new claim. Resuming 

payments based on notice from DoD is 

consistent with VA’s goal, described in 

the proposed rule, of minimizing the 

financial impact and reporting burdens 

for veterans resulting from the 

prohibition on concurrent receipt of VA 

benefits and active service pay. VA 

therefore considers resuming benefit 

payments based on notice from DoD to 

be a logical outgrowth of the proposed 

rule. We emphasize that VA considers 

the automatic resumption of payments 

based on DoD notice to generally be a 

liberalizing change that should 

generally expedite access to benefits and 

reduce the need for administrative 

action on the part of both the veteran 

and VA. 

As a corollary to this change, VA has 

added language clarifying that a claim 

for increase must be filed in order for 

additional benefits to be paid. This is 

not a change to existing requirements, as 

the relevant statute and regulation tie 

the effective date of an award of 

increased compensation to the date of 

receipt of claim. 38 U.S.C. 5110(b)(3); 38 

CFR 3.400(o)(2). Rather, VA included 

the clarification as a reminder that, even 

if VA resumes payments based on 

receipt of notice from DoD that a veteran 

has been released from service, the 

veteran must still file a claim for 

increase if he or she seeks an increased 

rating. 

In a similar manner, VA has revised 

the language regarding resumption of 

compensation payments to reflect that 

the resumption will be based on the 

combined evaluation in effect at the 

time payments were discontinued. If a 

reduction in disability evaluation is 

warranted that would not lower the 

combined evaluation, the reduction may 

be processed at the same time as the 

resumption of payments, as the overall 

payment will not be affected. If VA 

determines that a reduction in 

evaluation is warranted that would 

lower the combined evaluation, the 

reduction will be governed by 38 CFR 

3.105(e), after payments are resumed at 

the level previously in effect. This will 

ensure that veterans receive notice of 

any proposed reductions to the 

compensation in effect at the time 

payments were discontinued, even if 

resumption of payments is based on 

notice from DoD. 

V. Addressing Concerns About Notice 

Upon additional review it was 

determined that the proposed rule 

conflicted with the Privacy Act, 

specifically 5 U.S.C. 552a(p), which 

requires notice to an individual prior to 

an agency taking adverse action as a 

result of information produced by a 

matching program. To address this 

conflict, we have amended the rule so 

that VA will only suspend 

compensation based on information 

from DoD without additional advance 

notice when the veteran has previously 

received 30-day advance notice 

addressing concurrent receipt of 

compensation and payment for the type 

of service at issue as well as notice that 

suspension of compensation payments 

based on subsequent payments for the 

same type of service will be made 

without additional advance notice. We 

have also specified that in cases to 

which 38 CFR 3.700(a)(1)(iii) applies, in 

order for the exception to advance 

notice contained in § 3.103(b)(3)(v) to 

apply, VA must have received a waiver 

of VA benefits. A one-time advance 

notice with respect to the first instance 

of double payments would provide clear 

notice of the basis for the suspension of 

compensation payments, and an 

opportunity to contest the findings that 

led to the suspension, and could be 

applied to all subsequent payments of 

the same benefit during periods of 

receipt of active service pay for the same 

type of service. This change satisfies the 

notice requirements of the Privacy Act, 

and in particular 5 U.S.C. 

552a(p)(1)(C)(ii), while still achieving 

the modernizing, pro-veteran goals of 

the proposed rule. While this solution 

will not eliminate the initial 

overpayment to an individual receiving 

both active service pay and disability 

compensation, it will eventually result 

in a dramatic decrease in the overall 

number of overpayments while 

providing each individual with the due 

process intended by the notice 

requirement. VA believes it is clear this 

result is a logical outgrowth of the 

proposed rule. 

The proposed rule would have 

allowed for suspension of compensation 

without advance notice to the veteran 

based on information from DoD as long 

as the veteran had received prior notice 

that receipt of active service pay 

precludes concurrent receipt of VA 

benefits or VA had received a statement 

from the veteran indicating knowledge 

of such preclusion. The final rule will 

only allow for suspension of 

compensation without advance notice 

based on information from DoD if the 

veteran also received, on a previous 

occasion of concurrent receipt of 

compensation and payment for the type 

of service at issue, advance notice of the 

suspension and notice that suspension 

of compensation payments based on 

subsequent payments for the same type 

of service would be made without 

additional advance notice. In other 

words, the final rule provides greater 

protection to the individual, in terms of 

the suspension of running 

compensation payments. See Veterans 

Justice Grp., LLC v. Sec’y of Veterans 

Affairs, 818 F.3d 1336, 1344–45 (Fed. 

Cir. 2016) (finding a final rule that 

adopted a different, but more liberal 

approach than the proposed rule to be 

a logical outgrowth of the proposed 

rule). 

We have updated the language in 38 

CFR 3.103(b)(3)(v) to ensure that a 

written or electronic statement provided 

to VA by a veteran is consistently 

referred to as a statement. We have also 

updated the reference in 38 CFR 

3.654(b)(2) to the second period of 

service, replacing that term with the 

most recent period of service, as 

veterans may have more than two 

periods of service. Finally, we made 

stylistic changes in 38 CFR 3.654, 

replacing references to ‘‘1 year’’ with 

‘‘one year.’’ This document adopts as a 

final rule the proposed rule published 

in the Federal Register on April 19, 

2019 with changes as set forth below. 

Executive Orders 12866, 13563 and 

14094 

Executive Order 12866 (Regulatory 

Planning and Review) 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, 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 86061 

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 Secretary hereby certifies that 

this 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. 601–612). The factual basis for 

this certification is based on based on 

the fact that no small entities or 

businesses make decisions regarding 

payments or overpayments of VA 

service-connected disability 

compensation. Therefore, pursuant to 5 

U.S.C. 605(b), 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 

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 includes provisions 

constituting a revised collection of 

information under the Paperwork 

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

3521) that require approval by the Office 

of Management and Budget (OMB). 

Accordingly, under 44 U.S.C. 3507(d), 

the collection of information for OMB is 

assigned control number 2900–0463, 

and must be paired with this 

rulemaking action for OMB review and 

approval. 

There are no provisions associated 

with this rulemaking constituting any 

new collection of information, but there 

are anticipated burden changes to the 

existing collection of information. The 

respondent population for VA Form 21– 

8951–2 is composed of individuals 

filing a waiver of either VA disability 

benefits or military pay and allowances. 

VA currently batch sends prepopulated, optional forms to those 

identified as possible dual recipients 

and receives back approximately 12.4% 

for manual processing (71% are 

electronically processed without a form 

after notice and expiration of the due 

process period and the remaining 16.6% 

cannot be processed by the batch 

program due to expired addresses, 

returns to active duty, death, etc.). VA 

expects this process to continue 

unchanged for 1–2 years (with a 

simultaneous communication plan to 

spread knowledge of the new program), 

then the number of batch forms being 

mailed will significantly decrease due to 

the number of veterans who have 

responded (currently 12.4%) and who 

will no longer receive the initial letter 

with the VA Form 21–8951–2, with a 

concomitant reduction in the burden. 

VA estimates the total annual 

reporting and recordkeeping burden to 

be 207 hours. (Estimated 1,240 

respondents × (multiplied by) 10 

(burden minutes)/(divided by) 60 = 207 

burden hours.) VA estimates the total 

information collection burden cost to be 

$6,160.32 per year (207 burden hours × 

$29.76 per hour). The Bureau of Labor 

Statistics (BLS) gathers information on 

full-time wage and salary workers. 

According to the latest available BLS 

data, the mean hourly wage is $29.76 

based on the BLS wage code—‘‘00–0000 

All Occupations.’’ This information was 

taken from the following website: 

https://www.bls.gov/oes/current/oes_

nat.htm. 

The currently approved OMB control 

number 2900–0463 burden costs are 

$65,293.44 (2,194 burden hours × 

$29.76 per hour). The projected annual 

burden savings from implementation of 

this regulation are $55,655.87. 

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. 804(2). 

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 and signed 

this document on December 6, 2023, 

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 stated in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR part 3 as set 

forth below: 

PART 3—ADJUDICATION 

Subpart A—Pension, Compensation, 

and Dependency and Indemnity 

Compensation 

■ 1. The authority citation for part 3, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

■ 2. Amend § 3.103 by revising 

paragraph (b)(3)(v) and adding a cross 

reference paragraph to the end of the 

section to read as follows: 

§ 3.103 Procedural due process and other 

rights. 

* * * * * 

(b) * * * 

(3) * * * 

(v) An adverse action based upon a 

written or electronic statement provided 

to VA by a veteran that indicates that 

the veteran has received, is in receipt of, 

or will receive active service pay as 

defined by § 3.654(a), or, in the case of 

compensation, written or electronic 

notice from the Department of Defense 

that indicates that the veteran has 

received or is in receipt of active service 

pay as defined by § 3.654(a), provided 

that, in cases involving notice from the 

Department of Defense, the veteran has 

on a previous occasion of concurrent 

receipt of compensation and payment 

for the type of service at issue received 

the notice described in paragraph (b)(2), 

but with a period of 30 rather than 60 

days to respond, as well as notice that 

suspension of compensation payments 

based on subsequent payments for the 

same type of service will be made 

without additional advance notice. The 

statement from the veteran or notice 

from the Department of Defense must 

include the date on which the service 

resulting in receipt of active service pay 

began or, in the case of a statement from 

the veteran, the date on which the 

service resulting in receipt of active 

service pay is expected to begin, or, in 

the case of training duty, the number of 

training days performed, or, in the case 


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86062 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

of a statement from the veteran, the 

number of training days expected to be 

performed, during a specified period of 

time (e.g., last month, last quarter, last 

year, next month, etc.). In order for this 

paragraph to apply, the veteran must 

have received prior notice that receipt of 

active service pay precludes concurrent 

receipt of VA benefits, or VA must have 

received a statement from the veteran 

that indicates knowledge of such 

preclusion. In cases to which 

§ 3.700(a)(1)(iii) of this part applies, the 

Veteran must also have waived VA 

benefits. When notice provided by the 

Department of Defense contains 

information indicating that the monthly 

level of disability compensation for a 

veteran exceeds the veteran’s monthly 

active service pay rate, the exception 

contained in this paragraph will only 

apply to a written or electronic 

statement provided to VA by the 

veteran. 

* * * * * 

Cross References: Submission of 

statements or information affecting 

entitlement to benefits. See § 3.217(a). 

Active Service Pay. See § 3.654. General. 

See § 3.700(a)(1). 

■ 3. Amend § 3.654 by revising 

paragraphs (b) and (c) and adding an 

authority citation to read as follows: 

§ 3.654 Active service pay. 

* * * * * 

(b) Active duty or active duty for 

training. (1) Where the veteran receives 

active service pay as a result of 

returning to active duty status or active 

duty for training as described in § 3.6(c), 

with the exception of annual active duty 

for training typically performed 15 days 

each year by reservists and members of 

the National Guard and Active Duty for 

Special Work to receive training (see 

paragraph (c) of this section), the award 

will be discontinued effective the day 

preceding reentrance into active duty or 

active duty for training status. If the 

exact date is not known, payments will 

be discontinued effective date of last 

payment, and the effective date of 

discontinuance will be adjusted to the 

day preceding reentrance when the date 

of reentrance has been ascertained from 

the service department. 

(2) Payments, if otherwise in order, 

will be resumed effective the day 

following release from active duty or 

active duty for training if notice from 

the Department of Defense of such 

release or a claim for recommencement 

of payments is received within one year 

from the date of such release; otherwise, 

payments will be resumed effective one 

year prior to the date of receipt of a new 

claim. Prior determinations of service 

connection will not be disturbed except 

as provided in § 3.105. Compensation 

will be resumed based on the combined 

evaluation in effect at the time 

payments were discontinued. If a 

reduction in evaluation that lowers the 

combined evaluation is considered 

warranted, the provisions of § 3.105(e) 

will apply. If a disability is incurred or 

aggravated, or a service-connected 

disability worsens in the most recent 

period of service, compensation for that 

disability or increase in disability 

cannot be paid unless a claim therefor 

is filed. 

(c) Training duty. Prospective 

adjustment of awards may be made 

where the veteran waives his or her 

Department of Veterans Affairs benefit 

covering anticipated receipt of active 

service pay because of expected periods 

of active duty for training (annual active 

duty for training typically performed 15 

days each year by reservists and 

members of the National Guard or 

Active Duty for Special Work to receive 

training) or inactive duty training. 

Where readjustment is in order because 

service pay was not received for 

expected training duty, retroactive 

payments may be authorized if a claim 

for readjustment is received within one 

year after the end of the fiscal year for 

which payments were waived. 

Authority: (Authority: 38 U.S.C. 501(a) and 

5304(c).) 

[FR Doc. 2023–27176 Filed 12–11–23; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 61 

[EPA–R09–OAR–2023–0512; FRL–11463– 

01–R9] 

Update to the Addresses and Agency 

Names for Region IX and Air Quality 

Agencies: Arizona; California; Hawaii; 

Nevada. 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending its 

regulations to update addresses and 

names of air quality agencies in EPA 

Region IX. This action is editorial in 

nature and is intended to provide 

accuracy and clarity to EPA’s 

regulations. 

DATES: This rule is effective December 

12, 2023. 

ADDRESSES: EPA Region IX, Air and 

Radiation Division, 75 Hawthorne 

Street, San Francisco, California, 94105. 

FOR FURTHER INFORMATION CONTACT: Kira 

Wiesinger, EPA Region IX. By phone: 

(415) 972–3827 or by email at 

wiesinger.kira@epa.gov. 

SUPPLEMENTARY INFORMATION: This rule 

makes editorial changes to various 

environmental regulations in title 40 of 

the Code of Federal Regulations (CFR) to 

update addresses and names for air 

quality agencies in EPA Region IX. It 

does not otherwise impose or amend 

any requirements. Pursuant to 5 U.S.C. 

533 (b)(3)(B) of the Administrative 

Procedure Act (APA), the EPA has 

found that the public notice and 

comment provisions of the APA, found 

at 5 U.S.C. 553(b), do not apply to this 

rulemaking as public notice and 

comment is unnecessary because this 

amendment to the regulations provides 

only technical changes to update an 

address or name of air quality agencies. 

The EPA has also determined that there 

is good cause to waive the requirement 

of publication 30 days in advance of the 

rule’s effective date pursuant to 5 U.S.C. 

553(d)(3) in order for the public to have 

the correct addresses and names for air 

quality agencies in EPA Region IX. As 

this action updates the CFR and does 

not otherwise impose or amend any 

requirements, the EPA has determined it 

does not trigger any requirements of the 

statutes and Executive Orders that 

govern rulemaking procedures. This 

action is subject to the Congressional 

Review Act, and the EPA will submit a 

rule report to each House of the 

Congress and to the Comptroller General 

of the United States. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects 

40 CFR Parts 60 and 61 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

Dated: December 5, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends title 40 of the Code of 

Federal Regulations as follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

■ 1. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 


ddrumheller on DSK120RN23PROD with RULES1