Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Rules and Regulations 89493 

the Penalty Notice shall constitute final 

agency action. The violator has the right 

to seek judicial review of that final 

agency action in Federal district court. 

§ 525.70 4 Administrative collection; 

referral to United States Department of 

Justice. 

In the event that the violator does not 

pay the penalty imposed pursuant to 

this part or make payment arrangements 

acceptable to OFAC, the matter may be 

referred for administrative collection 

measures by the Department of the 

Treasury or to the United States 

Department of Justice for appropriate 

action to recover the penalty in a civil 

suit in a federal district court. 

§ 525.705 Findings of Violation. 

(a) When issued. (1) OFAC may issue 

an initial Finding of Violation that 

identifies a violation if OFAC: 

(i) Determines that there has occurred 

a violation of any provision of this part, 

or a violation of the provisions of any 

regulation, ruling, instruction, order, 

directive, or license issued by or 

pursuant to the direction or 

authorization of the Secretary of the 

Treasury pursuant to this part or 

otherwise under the International 

Emergency Economic Powers Act (50 

U.S.C. 1701 et seq); 

(ii) Considers it important to 

document the occurrence of a violation; 

and 

(iii) Based on the Guidelines 

contained in appendix A to part 501 of 

this chapter, concludes that an 

administrative response is warranted 

but that a civil monetary penalty is not 

the most appropriate response. 

(2) An initial Finding of Violation 

shall be in writing and may be issued 

whether or not another agency has taken 

any action with respect to the matter. 

For additional details concerning 

issuance of a Finding of Violation, see 

appendix A to part 501 of this chapter. 

(b) Response—(1) Right to respond. 

An alleged violator has the right to 

contest an initial Finding of Violation 

by providing a written response to 

OFAC. 

(2) Deadline for response; default 

determination. A response to an initial 

Finding of Violation must be made 

within 30 days as set forth in paragraphs 

(b)(2)(i) and (ii) of this section. The 

failure to submit a response within 30 

days shall be deemed to be a waiver of 

the right to respond, and the initial 

Finding of Violation will become final 

and will constitute final agency action. 

The violator has the right to seek 

judicial review of that final agency 

action in federal district court. 

(i) Computation of time for response. 

A response to an initial Finding of 

Violation must be postmarked or datestamped by the U.S. Postal Service (or 

foreign postal service, if mailed abroad) 

or courier service provider (if 

transmitted to OFAC by courier), or 

dated if sent by email, on or before the 

30th day after the postmark date on the 

envelope in which the initial Finding of 

Violation was served or date the Finding 

of Violation was sent by email. If the 

initial Finding of Violation was 

personally delivered by a non-U.S. 

Postal Service agent authorized by 

OFAC, a response must be postmarked 

or date-stamped on or before the 30th 

day after the date of delivery. 

(ii) Extensions of time for response. If 

a due date falls on a federal holiday or 

weekend, that due date is extended to 

include the following business day. Any 

other extensions of time will be granted, 

at the discretion of OFAC, only upon 

specific request to OFAC. 

(3) Form and method of response. A 

response to an initial Finding of 

Violation need not be in any particular 

form, but it must be typewritten and 

signed by the alleged violator or a 

representative thereof (electronic 

signature is acceptable), contain 

information sufficient to indicate that it 

is in response to the initial Finding of 

Violation, and include the OFAC 

identification number listed on the 

initial Finding of Violation. The 

response must be sent to OFAC’s 

Enforcement Division by mail or courier 

or email and must be postmarked or 

date-stamped in accordance with 

paragraph (b)(2) of this section. 

(4) Information that should be 

included in response. Any response 

should set forth in detail why the 

alleged violator either believes that a 

violation of the regulations in this part 

did not occur and/or why a Finding of 

Violation is otherwise unwarranted 

under the circumstances, with reference 

to the General Factors Affecting 

Administrative Action set forth in the 

Guidelines contained in appendix A to 

part 501 of this chapter. The response 

should include all documentary or other 

evidence available to the alleged 

violator that supports the arguments set 

forth in the response. OFAC will 

consider all relevant materials 

submitted in the response. 

(c) Determination—(1) Determination 

that a Finding of Violation is warranted. 

If, after considering the response, OFAC 

determines that a final Finding of 

Violation should be issued, OFAC will 

issue a final Finding of Violation that 

will inform the violator of its decision. 

A final Finding of Violation shall 

constitute final agency action. The 

violator has the right to seek judicial 

review of that final agency action in 

federal district court. 

(2) Determination that a Finding of 

Violation is not warranted. If, after 

considering the response, OFAC 

determines a Finding of Violation is not 

warranted, then OFAC will inform the 

alleged violator of its decision not to 

issue a final Finding of Violation. 

Note 1 to paragraph (c)(2). A 

determination by OFAC that a final Finding 

of Violation is not warranted does not 

preclude OFAC from pursuing other 

enforcement actions consistent with the 

Guidelines contained in appendix A to part 

501 of this chapter. 

(d) Representation. A representative 

of the alleged violator may act on behalf 

of the alleged violator, but any oral 

communication with OFAC prior to a 

written submission regarding the 

specific alleged violations contained in 

the initial Finding of Violation must be 

preceded by a written letter of 

representation, unless the initial 

Finding of Violation was served upon 

the alleged violator in care of the 

representative. 

Lisa M. Palluconi, 

Acting Director, Office of Foreign Assets 

Control. 

[FR Doc. 2024–26127 Filed 11–12–24; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

[Docket No. FWS–R7–SM–2024–0017; 

256D0102DM DS61900000 

DMSN00000.000000 DX61901; 70101–1261– 

0000L6] 

RIN 1018–BH67 

Subsistence Management Regulations 

for Public Lands in Alaska—Subpart B, 

Federal Subsistence Board 

Membership; Correction 

AGENCY: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule; correction. 

SUMMARY: The Departments of the 

Interior and Agriculture are correcting 

an amendatory instruction in the final 

rule that published in the Federal 

Register on October 17, 2024. That rule 

revises the regulations concerning the 

composition of the Federal Subsistence 


lotter on DSK11XQN23PROD with RULES1
89494 Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Rules and Regulations 

Board, which has authority to 

administer the subsistence taking and 

uses of fish and wildlife on public lands 

in Alaska. 

DATES: Effective November 18, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Leonetti, Acting Director, Office 

of Subsistence Management; 907–786– 

3888; or subsistence@ios.doi.gov. For 

questions specific to National Forest 

System lands, contact Gregory Risdahl, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region; 

907–302–7354 or gregory.risdahl@

usda.gov. Individuals in the United 

States who are deaf, blind, hard of 

hearing, or have a speech disability may 

dial 711 (TTY, TDD, or TeleBraille) to 

access telecommunications relay 

services. Individuals outside the United 

States should use the relay services 

offered within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: In the 

final rule that published in the Federal 

Register on October 17, 2024, at 89 FR 

83622, on page 83628, in the first 

column, amendatory instruction 2 is 

corrected to read as follows: 

2. In subpart B of 36 CFR part 242 and

50 CFR part 100, amend § ll.10 by: 

a. Revising paragraphs (a), (b), and

(d)(2); and 

b. Adding paragraphs (d)(11) through

(14). 

The revisions and additions read as 

follows: 

Joan Mooney, 

Principal Deputy Assistant Secretary, 

Exercising the Delegated Authority of the 

Assistant Secretary—Policy, Management 

and Budget, Department of the Interior. 

Homer Wilkes, 

Undersecretary, Natural Resources and 

Environment, Department of Agriculture. 

[FR Doc. 2024–26119 Filed 11–12–24; 8:45 am] 

BILLING CODE 3410–11–P; 4334–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 79 

RIN 2900–AR33 

Legal Services for Homeless Veterans 

and Veterans At-Risk for 

Homelessness Grant Program 

AGENCY: Department of Veterans Affairs 

ACTION: Final rule 

SUMMARY: The Department of Veterans 

Affairs (VA) adopts as final, with 

changes, an interim final rule (IFR) to 

implement a new authority requiring 

VA to award grants to eligible entities 

that will provide certain legal services 

for homeless veterans and veterans at 

risk for homelessness. 

DATES: This rule is effective December 

13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Gingell, National Coordinator, 

Legal Services for Veterans, Veterans 

Justice Programs, Clinical Services, 

Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Ave. NW, Washington, DC 

20420, (239) 223–4681. (This is not a 

toll-free telephone number.) 

SUPPLEMENTARY INFORMATION: In an IFR 

published in the Federal Register (FR) 

on June 1, 2022, (87 FR 33025), VA 

established, in new part 79 of title 38, 

Code of Federal Regulations (CFR), the 

Legal Services for Homeless Veterans 

and Veterans At-Risk for Homelessness 

Grant Program, required by section 

2022A of title 38, United States Code 

(U.S.C.). VA provided a 60-day 

comment period, which ended on 

August 1, 2022. VA received 12 

comments, which are discussed in 

further detail below. Based on the 

comments, VA is making changes to 

part 79, as explained in more detail 

below. 

Comments 

Definition of Veteran 

Two commenters suggested VA revise 

its definition of veteran in 38 CFR 79.5, 

which adopts the definition of veteran 

in 38 U.S.C. 101(2). Section 101(2) 

defines veteran as a person who served 

in the active military, naval, air, or 

space service, and who was discharged 

or released therefrom under conditions 

other than dishonorable. These 

commenters were concerned that the 

definition is too limited and would 

exclude former servicemembers who 

need or would benefit from the legal 

assistance provided under this grant 

program and who this program was 

designed to serve (that is, as described 

by the commenters, those who need 

assistance with discharge upgrades). 

Instead of using the definition of 

veteran in 38 U.S.C. 101, one of these 

commenters recommended VA use the 

definition of veteran in 38 U.S.C. 

2002(b) (which is applicable to VA 

benefits for homeless veterans) or in the 

alternative, use a more inclusive 

definition. The definition of veteran in 

38 U.S.C. 2002(b) is used for purposes 

of sections 2011, 2012, 2013, 2044, 2061 

of title 38, as well as 42 U.S.C. 

1437f(o)(19)(D). Sections 2011, 2012, 

2013, 2044, and 2061 apply to VA 

benefits for homeless veterans such as 

the supportive services for veteran 

families grant program and the homeless 

providers grant and per diem program. 

Section 1437(o)(19)(D) of 42 U.S.C. 

authorizes rental vouchers for certain 

eligible homeless veterans. 

The definition of veteran in 38 U.S.C. 

2002 defines veteran to mean a person 

who served in the active military, naval, 

air, or space service, regardless of length 

of service, and who was discharged or 

released therefrom, and excludes a 

person who received a dishonorable 

discharge from the Armed Forces; or 

was discharged or dismissed from the 

Armed Forces by reason of the sentence 

of a general court-martial. 

We acknowledge that the current 

definition of veteran in 38 CFR 79.5 

limits those individuals who are eligible 

for legal services under the grant 

program, including legal services 

relating to requests to upgrade the 

characterization of a discharge. 

However, we are unable to revise the 

definition as this commenter 

recommends (e.g., by using the 38 

U.S.C. 2002(b) definition of veteran or a 

more inclusive definition). Section 

2022A does not define veteran. Title 38 

has already provided a definition for 

veteran in section 101(2). Without 

indicating an alternate definition for the 

term in statute, Congress’s use of 

‘‘veteran’’ in section 2022A can only 

lead VA to surmise that it intended the 

legal services enumerated in section 

2022A to be provided to veterans who 

meet the requirements of section 101(2), 

as well as other criteria for being 

homeless or at risk for homelessness. 

Thus, we must use the definition of 

veteran in section 101 rather than the 

definition in section 2002(b) or a more 

inclusive definition. 

Furthermore, section 2002(b) 

explicitly limits its applicability to 

specific sections in chapter 20 (for 

example, sections 2011, 2012, 2013, 

2044, and 2061) and does not include 

section 2022A. Given that Congress 

remained silent on the subject, 

‘‘veteran’’ in section 2022A must be 

read as using the available definition in 

section 101(2). Short of future statutory 

change, the definition of veteran in 38 

U.S.C. 2002(b) does not apply to this 

grant program authorized by 2022A. 

We make no changes to the definition 

of veteran based on this comment. 

The other commenter recommended 

that VA define veteran in the same way 

as the U.S. Interagency Council on 

Homelessness, which defines veteran as 

all individuals who served in the 

military regardless of the length of 

service or their discharge status. 

In defining veteran, section 101(2) 

refers to a person who was discharged 

or released therefrom under conditions 

other than dishonorable. This excludes 


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