5692 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations 

§ 127.1302 [Amended] 

■ 40. In § 127.1302(a) introductory text 

and (c), remove the word ‘‘shall’’ 

wherever it appears, and add, in its 

place, the word ‘‘must’’. 

§ 127.1311 [Amended] 

■ 41. In § 127.1311, remove the word 

‘‘shall’’ wherever it appears, and add, in 

its place, the word ‘‘must’’. 

§ 127.1313 [Amended] 

■ 42. Amend § 127.1313 as follows: 

■ a. In paragraph (a), remove the word 

‘‘shall’’ and add, in its place, the word 

‘‘must’’; and 

■ b. In paragraph (b), 

■ i. Remove the word ‘‘shall’’ and add, 

in its place, the word ‘‘must’’; and 

■ ii. Remove the text, ‘‘Chapter 4 of 

NFPA 30’’; and add, in its place the text 

‘‘NFPA 30 (incorporated by reference, 

see § 127.003)’’. 

§ 127.1315 [Amended] 

■ 43. In § 127.1315 introductory text, 

remove the word ‘‘shall’’ and add, in its 

place, the word ‘‘must’’. 

§ 127.1317 [Amended] 

■ 44. In § 127.1317(a), (d), and (e), 

remove the word ‘‘shall’’ wherever it 

appears, and add, in its place, the word 

‘‘must’’. 

§ 127.1319 [Amended] 

■ 45. In § 127.1319, remove the word 

‘‘shall’’ wherever it appears, and add, in 

its place, the word ‘‘must’’. 

§ 127.1321 [Amended] 

■ 46. In § 127.1321, remove the word 

‘‘shall’’ wherever it appears, and add, in 

its place, the word ‘‘must’’. 

§ 127.1325 [Amended] 

■ 47. In § 127.1325 introductory text, 

remove the word ‘‘shall’’ and add, in its 

place, the word ‘‘must’’. 

§ 127.1401 [Amended] 

■ 48. In § 127.1401, remove the word 

‘‘shall’’ and add, in its place, the word 

‘‘must’’. 

§ 127.1403 [Amended] 

■ 49. In § 127.1403, remove the word 

‘‘shall’’ wherever it appears, and add, in 

its place, the word ‘‘must’’. 

§ 127.1405 [Amended] 

■ 50. Amend § 127.1405 as follows: 

■ a. In the introductory text, remove the 

word ‘‘shall’’ and add, in its place, the 

word ‘‘must’’; 

■ b. In paragraph (a)(1), remove the 

word ‘‘and’’; and 

■ c. In paragraph (b), after the text 

‘‘NFPA 51B’’, add the text 

‘‘(incorporated by reference, see 

§ 127.003)’’. 

§ 127.1407 [Amended] 

■ 51. In § 127.1407(a) introductory text 

and paragraphs (c), (d), (e), and (f), 

remove the word ‘‘shall’’ wherever it 

appears, and add, in its place, the word 

‘‘must’’. 

§ 127.1409 [Amended] 

■ 52. In § 127.1409, remove the word 

‘‘shall’’ wherever it appears, and add, in 

its place, the word ‘‘must’’. 

§ 127.1501 [Amended] 

■ 53. In § 127.1501(a), delete the word 

‘‘existing.’’ 

§ 127.1503 [Amended] 

■ 54. In § 127.1503, after the text ‘‘NFPA 

10’’, add the text ‘‘(incorporated by 

reference, see § 127.003)’’. 

§ 127.1511 [Amended] 

■ 55. In § 127.1511, remove the text 

‘‘ASTM F 1121’’ and add, in its place, 

the text ‘‘ASTM F1121–87 (Reapproved 

2019)’’. 

§ 127.1601 [Amended] 

■ 56. In § 127.1601 introductory text, 

remove the word ‘‘shall’’ and add, in its 

place, the word ‘‘must’’. 

§ 127.1603 [Amended] 

■ 57. In § 127.1603 introductory text, 

remove the word ‘‘shall’’ and add, in its 

place, the word ‘‘must’’. 

§ 127.1605 [Amended] 

■ 58. In § 127.1605 introductory text, 

remove the word ‘‘shall’’ and add, in its 

place, the word ‘‘must’’. 

Dated: January 24, 2022. 

J.W. Mauger, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Prevention Policy. 

[FR Doc. 2022–01888 Filed 2–1–22; 8:45 am] 

BILLING CODE 9110–04–P 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Part 1155 

[Docket No. ATBCB–2020–0003] 

RIN 3014–AA46 

Procedures for Issuing Guidance 

Documents; Recission 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Final rule. 

SUMMARY: Pursuant to the Executive 

Order entitled ‘‘Revocation of Certain 

Executive Orders concerning Federal 

Regulation’’, the Architectural and 

Transportation Barriers Compliance 

Board (hereafter, ‘‘Access Board,’’ or 

‘‘Board’’), is removing its regulation that 

details internal procedures for issuance, 

public availability, modification, and 

withdrawal of agency guidance 

documents, as defined by the Executive 

Order entitled ‘‘Promoting the Rule of 

Law Through Agency Guidance 

Documents’’. 

DATES: This final rule is effective 

February 2, 2022. 

FOR FURTHER INFORMATION CONTACT: 

General Counsel Christopher Kuczynski, 

(202) 272–0042, generalcounsel@accessboard.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Executive Order (E.O.) 13891, 

‘‘Promoting the Rule of Law Through 

Improved Agency Guidance 

Documents,’’ issued on October 9, 2019, 

required each agency to promulgate 

regulations that ‘‘set forth processes and 

procedures for issuing guidance 

documents.’’ 84 FR 55235. On 

September 21, 2020, the Board issued a 

final rule, entitled ‘‘Guidance 

Documents,’’ to implement E.O. 13891. 

85 FR 59187. The final rule established 

36 CFR part 1155, which created 

internal procedural requirements 

governing the issuance, public 

availability, and modification or 

withdrawal of Access Board guidance 

documents. 

On January 20, 2021, President Biden 

issued E.O. 13992, ‘‘Revocation of 

Certain Executive Orders Concerning 

Federal Regulation,’’ which, among 

other things, revokes E.O. 13891. 86 FR 

7049. To comply with the new 

executive order, the Access Board is 

rescinding its newly-issued guidance 

procedures codified at 36 CFR part 

1155. Nonetheless, the Board intends to 

retain all Access Board guidance 

documents in a single location on the 

agency’s website at www.accessboard.gov/guidance, as we believe this 

improves the usability of, and access to, 

our guidance documents for the public. 

II. Regulatory Process Matters 

Administrative Procedure Act 

The rescinded guidance procedures 

and this final rule solely address 

internal matters related to agency 

management and practices. As such, 

this rule is exempt from the notice-andcomment process pursuant to the 

Administrative Procedure Act. See 5 

U.S.C. 553(a)(2), 553(b)(3)(A). The 


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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Rules and Regulations 5693 

original final rule was issued without 

notice and comment. This rule is also 

exempt from the requirement in 5 U.S.C. 

553(d) that the effective date of a 

regulation must be at least 30 days after 

publication in the Federal Register. 

Executive Order 12866 

This final rule rescinds internal rules 

of agency procedure only. OMB has 

determined that the rule is not a 

significant regulatory action within the 

meaning of Executive Order 12866. 

Congressional Review Act 

This final rule is not a major rule 

within the meaning of the Congressional 

Review Act. See 5 U.S.C. 801, et seq. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires Federal agencies to analyze 

regulatory options that may assist in 

minimizing any significant impact of a 

rule on small businesses and small 

governmental jurisdictions. See 5 U.S.C. 

604, 605(b). Because this final rule 

relates solely to the recission of agency 

internal procedures and, moreover, is 

not subject to notice-and-comment 

rulemaking, the RFA is inapplicable. 

Federalism (Executive Order 13132) 

The Access Board has analyzed this 

direct final rule in accordance with the 

principles and criteria set forth in 

Executive Order 13132. The Board has 

determined that this action will not 

have a substantial direct effect on the 

States, or the relationship between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

Paperwork Reduction Act 

This final rule does not specify any 

new collections of information or 

recordkeeping requirements that require 

OMB approval under the Paperwork 

Reduction Act. See 44 U.S.C. 3501 et 

seq. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (codified at 2 U.S.C. 1531 et 

seq.) (‘‘UMRA’’) generally requires that 

Federal agencies assess the effects of 

their discretionary regulatory actions 

that may result in the expenditure of 

$100 million (adjusted for inflation) or 

more in any one year by the private 

sector, or by State, local, and tribal 

governments in the aggregate. Because 

this direct final rule is being issued 

under the good cause exception in the 

Administrative Procedure Act section 

553(b)(B), UMRA’s analytical 

requirements are inapplicable. See 2 

U.S.C. 1532(a). 

List of Subjects in 36 CFR Part 1155 

Administrative practice and 

procedure. 

For the reasons discussed in the 

preamble, and under the authority of 29 

U.S.C. 792, the Access Board amends 36 

CFR chapter XI as follows: 

PART 1155—[REMOVE AND 

RESERVE] 

■ 1. Remove and reserve part 1155. 

Sachin Pavithran, 

Executive Director. 

[FR Doc. 2022–02132 Filed 2–1–22; 8:45 am] 

BILLING CODE 8150–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 1 

RIN 2900–AR20 

Threshold for Reporting VA Debts to 

Consumer Reporting Agencies 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) amends its regulations 

around the conditions by which VA 

benefits debts or medical debts are 

reported to consumer reporting agencies 

(CRA). The Johnny Isakson and David P. 

Roe, M.D. Veterans Health Care and 

Benefits Improvement Act of 2020 

provides the Secretary authority to 

prescribe regulations that establish the 

minimum amount of a benefits or 

medical debt that the Secretary will 

report to the CRA. This change will 

establish the methodology for 

determining a minimum threshold for 

debts reported to CRA. 

DATES: This rule is effective March 4, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Jason Hoge, Director of Operations, Debt 

Management Center, Office of 

Management, 189, 1 Federal Drive, Suite 

4500, Fort Snelling, MN 55111, (612) 

725–4337. (This is not a toll-free 

telephone number.) 

SUPPLEMENTARY INFORMATION: On July 

23, 2021 (86 FR 38958), VA published 

a proposed rule in the Federal Register 

that would significantly reduce the 

amount of VA debts referred to the CRA. 

VA provided a 60-day comment period, 

which ended on September 21, 2021. 

VA received nine comments on the 

proposed rule. 

Summary of Regulatory Changes 

This final rule amends VA’s 

regulation that governs reporting of 

delinquent debts to CRA. This 

rulemaking would update the regulation 

to comply with section 2007 of Public 

Law 116–315, the Johnny Isakson and 

David P. Roe, M.D. Veterans Health Care 

and Benefits Improvement Act of 2020. 

Section 2007 amends chapter 53 of title 

38, United States Code by adding 

section 5320 as follows: ‘‘The Secretary 

shall prescribe regulations that establish 

the minimum amount of a claim or debt, 

arising from a benefit administered by 

the Under Secretary for Benefits or 

Under Secretary for Health, that the 

Secretary will report to a consumer 

reporting agency under section 3711 of 

title 31.’’ 

This amendment will establish the 

methodology for determining the 

minimum threshold for reporting 

certain VA debts to CRA. It will also 

exclude from the minimum threshold 

those debts in which there is an 

indication of fraud, misrepresentation, 

or bad faith on the part of the debtor. 

Background on Governing Statutes 

The Debt Collection Improvement Act 

of 1996 (DCIA), in part, mandated 

agencies to report delinquent debts to 

CRA. 31 U.S.C. 3711(e); Sec. 31001(k), 

Public Law 104–134, 110 Stat. 1321. 

The purpose of the DCIA includes 

maximizing collection of delinquent 

debts by ensuring quick action to 

recover debts, use of appropriate 

collection tools, and minimizing the 

costs of debt collection. Sec. 31001(b), 

Public Law 104–134. 

Section 5320 of title 38, United States 

Code, authorizes VA to ‘‘establish the 

minimum amount of a claim or debt, 

arising from a benefit administered by 

the Under Secretary for Benefits or 

Under Secretary for Health, that the 

Secretary will report to a consumer 

reporting agency under section 3711 of 

title 31.’’ The intent of section 5320 is 

to lessen negative impact of CRA reports 

on Veterans. 

Introduction to Regulatory Changes 

As explained in more detail below, 

we amend 38 CFR 1.916 to comply with 

38 U.S.C. 5320, to establish a minimum 

threshold for reporting debts to CRA. 

In accordance with 31 U.S.C. 3711(e), 

the VA Debt Management Center (DMC) 

is responsible for reporting delinquent 

debts to CRA. Prior to January 5, 2021, 

DMC reported an average of 5,000 

delinquent Veteran accounts monthly. 

DMC regularly receives complaints from 

Veterans whose accounts have been 

reported to CRA. Common complaints 


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