17706 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 3

RIN 2900–AI57

Retroactive Payments Due to a

Liberalizing Law or VA Issue

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

adjudication regulation regarding

retroactive payments of compensation,

pension and dependency and indemnity

compensation due to a liberalizing law

or VA issue. The change is necessary to

bring the regulation into conformance

with a U.S. Court of Veterans Appeals’

decision.

EFFECTIVE DATE: This amendment is

effective June 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Laurence Freiheit, Consultant,

Regulations Staff, Compensation and

Pension Service, Veterans Benefits

Administration, 810 Vermont Avenue,

NW., Washington, DC 20420, (202) 273–

7252.

SUPPLEMENTARY INFORMATION: Under the

provisions of 38 U.S.C. 5110(a) and 38

CFR 3.400, awards of compensation,

pension and dependency and indemnity

compensation benefits are generally

effective on the date VA receives the

claim or the date entitlement arose,

whichever is later. However, 38 U.S.C.

5110(g) provides an exception: Where

benefits are awarded or increased based

on a change in law or an administrative

issue, benefits are awarded based on

facts found but not earlier than the

effective date of the law or issue and not

more than one year prior to the earlier

of the date of application or

administrative determination of

entitlement. The purpose of section

5110(g) was to provide a one-year grace

period, such as that allowed after

service discharge or death, for potential

beneficiaries who would otherwise be

penalized by not filing promptly.

The implementing regulation for

section 5110(g) is 38 CFR 3.114. Section

3.114(a) states that the effective date of

an award or increase made pursuant to

a liberalizing law or VA issue will be

made in accordance with facts found

but not earlier than the effective date of

the law or administrative issue. It goes

on to state that, in order for a claimant

to be eligible for a retroactive award, the

evidence must show that he or she met

all eligibility criteria for the liberalized

benefit on the effective date of the

liberalizing law or issue and that the

eligibility existed continuously from

that date to the date of claim or

administrative determination of

entitlement.

In McCay v. Brown, 9 Vet. App. 183

(1996), the U.S. Court of Veterans

Appeals (the Court) noted that both

section 5110(g) and § 3.114(a) are silent

as to a liberalizing law or issue with a

retroactive effective date. The Court

stated that the requirement that the

claimant must have met all eligibility

criteria on the effective date of the law

or issue fulfills the intent of section

5110(g) when the liberalizing law is

prospective. However, the Court held

that, where the liberalizing law has a

retroactive effective date, it is not a

permissible construction of section

5110(g) and would result in unequal

treatment of claimants. This document

amends § 3.114(a) to make it clear that

that requirement applies only when

liberalizing laws or issues take effect on

or after the date of enactment or

issuance.

The effective date of this amendment

is June 12, 1996, the date of the Court’s

decision in McCay v. Brown, 9 Vet. App.

183 (1996).

Since this amendment merely

implements a Court decision, the

Secretary finds under 5 U.S.C. 553(b)

that prior notice and comment are

unnecessary and that there is a basis for

dispensing with a 30-day delay of the

effective date.

Because no notice of proposed

rulemaking was required in connection

with the adoption of this final rule, no

regulatory flexibility analysis is required

under the Regulatory Flexibility Act (5

U.S.C. 601–612.) Even so, the Secretary

hereby certifies that these regulatory

amendments 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. These amendments

are not substantive and do not affect any

small entities.

The Catalog of Federal Domestic

Assistance program numbers are 64.100,

64.101, 64.104, 64.105, 64.106, 64.109,

and 64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Disability benefits,

Health care, Pensions, Veterans,

Vietnam.

Approved: February 12, 1997.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 3 is amended as

follows:

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. In § 3.114(a) the second sentence is

amended by removing ‘‘In order’’ and

adding, in its place, ‘‘Where pension,

compensation, or dependency and

indemnity compensation is awarded or

increased pursuant to a liberalizing law

or VA issue which became effective on

or after the date of its enactment or

issuance, in order for a claimant’’.

[FR Doc. 97–9445 Filed 4–10–97; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI29

Vocational Rehabilitation;

Miscellaneous Changes

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs

vocational rehabilitation regulations.

Changes are made to reflect current

organizational structure; to decentralize

decisionmaking; to update authority

citations; to reflect statutory

requirements concerning the limit on

the amount of money that VA can pay

in advance on a work-study contract;

and to clarify provisions.

DATES: This final rule is effective April

11, 1997. However, the restatement of

statute contained in this final rule will

be applied retroactively from the

effective date of the statutory provision.

FOR FURTHER INFORMATION CONTACT: Jeff

Goetz, Chief of Operations, Vocational

Rehabilitation and Counseling Service

(28), Department of Veterans Affairs,

810 Vermont Avenue, NW.,

Washington, DC 20420; (202) 273–7425.

SUPPLEMENTARY INFORMATION: This final

rule consists of delegations of authority

and nonsubstantive changes and,

therefore, is not subject to the notice

and comment and effective date

provisions of 5 U.S.C. 553.

As noted in the SUMMARY portion of

this document, a change is made to

reflect statutory requirements

concerning the limit on the amount of

money that VA can pay in advance on
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations 17707

a work-study contract. Formerly, that

limit was 40 percent of the total amount

payable under the contract. Now the

limit is the lesser of 40 percent of the

total amount payable under the contract

or 50 times the applicable minimum

wage in effect on the date the contract

is signed. This amendment to the

regulations, set forth in 38 CFR

21.272(e), will be applied from October

29, 1992, the effective date of the

statutory change (Pub. L. 102–568).

The Secretary of Veterans Affairs

hereby certifies that this 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. This

rule merely consists of delegations of

authority and nonsubstantive changes.

Pursuant to 5 U.S.C. 605(b), this final

rule is exempt from the initial and final

regulatory flexibility analyses

requirements of sections 603 and 604.

(The Catalog of Federal Domestic Assistance

number for the programs affected by this rule

is 64.116)

List of Subjects in 38 CFR Part 21

Administrative practice and

procedure, Armed forces, Civil rights,

Claims, Colleges and universities,

Conflict of interests, Defense

Department, Education, Employment,

Grant programs-education, Grant

programs-veterans, Health care, Loan

programs-education, Loan programsveterans, Personnel training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: March 26, 1997.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 21 is amended as

set forth below:

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart A—Vocational Rehabilitation

Under 38 U.S.C. Chapter 31

1. The authority citation for part 21,

subpart A, is revised to read as follows:

Authority: 38 U.S.C. 501(a), 3100–3121,

unless otherwise noted.

2. Section 21.21 is amended by

revising the authority citation for

paragraph (b) to read as follows:

§ 21.21 Election of benefits under

education programs administered by the

Department of Veterans Affairs.

* * * * *

(b) * * *

(Authority: 38 U.S.C. 3695(b))

3. Section 21.30 is amended by

revising the authority citation to read as

follows:

§ 21.30 Claims.

* * * * *

(Authority: 38 U.S.C. 501(a), 3102, 3117,

5101(a))

4. Section 21.31 is amended by

revising the authority citation to read as

follows:

§ 21.31 Informal claim.

* * * * *

(Authority: 38 U.S.C. 501(a), 5101(a), 5103(a))

5. Section 21.32 is amended by

revising the authority citation for

paragraph (c) to read as follows:

§ 21.32 Time limit.

* * * * *

(c) * * *

(Authority: 38 U.S.C. 5101, 5113)

6. In § 21.35, paragraphs (k)(1) and

(k)(2) are amended by removing

‘‘Education Service’’ and adding, in its

place, ‘‘Counseling Division’’; and

paragraph (k)(2) is amended by

removing ‘‘Vocational Rehabilitation

Specialist’’; and adding, in its place,

‘‘vocational rehabilitation specialist’;

and paragraph (k)(7) is added and the

authority citations for paragraphs (a)

and (h) are revised, to read as follows:

§ 21.35 Definitions.

(a) * * *

(Authority: 38 U.S.C. 3101(1), 3102)

* * * * *

(h) * * *

(Authority: 38 U.S.C. 3101(8))

* * * * *

(k) * * *

(7) Vocational rehabilitation

counselor. Unless otherwise stated, the

term vocational rehabilitation counselor

refers to a vocational rehabilitation

counselor in the Vocational

Rehabilitation and Counseling Division

in the Veterans Benefits Administration,

Department of Veterans Affairs.

(Authority: 38 U.S.C. 3118(c))

7. Section 21.41 is amended by

revising the authority citation to read as

follows:

§ 21.41 Basic period of eligibility.

* * * * *

(Authority: 38 U.S.C. 3103)

8. Section 21.42 is amended by

revising the authority citation for

paragraph (b) to read as follows:

§ 21.42 Basic period of eligibility deferred.

* * * * *

(b) * * *

(Authority: 38 U.S.C. 3103(b)(2))

* * * * *

9. Section 21.50 is amended by

revising the authority citation for

paragraph (b) to read as follows:

§ 21.50 Initial evaluation.

* * * * *

(b) * * *

(Authority: 38 U.S.C. 523, 3106(a), (d), 3116)

* * * * *

10. In § 21.57, paragraph (c)(1) is

amended by removing ‘‘of an’’ and

adding, in its place, ‘‘or an’’ and by

adding an authority citation to read as

follows:

§ 21.57 Extended evaluation.

* * * * *

(c) * * *

(1) * * *

(Authority: 38 U.S.C. 3106(d))

* * * * *

11. Section 21.72 is amended by

revising the authority citations for

paragraphs (a) and (c) to read as follows:

§ 21.72 Rehabilitation to the point of

employability.

(a) * * *

(Authority: 38 U.S.C. 3101(5), 3104)

* * * * *

(c) * * *

(Authority: 38 U.S.C. 3695(b))

* * * * *

12. In § 21.74, paragraph (c)(2) is

amended by adding ‘‘(VR&C)’’ before

‘‘Officer’’; paragraph (c)(3) is amended

by removing ‘‘Director, Vocational

Rehabilitation and Education Service’’

and adding, in its place, ‘‘VR&C

Officer’’; and the authority citation for

paragraph (a) is revised and an authority

citation for paragraph (b) is added, to

read as follows:

§ 21.74 Extended evaluation.

(a) * * *

(Authority: 38 U.S.C. 3105(a), 3106(a))

(b) * * *

(Authority: 38 U.S.C. 3105(a))

* * * * *

13. Section 21.80 is amended by

revising the authority citation for

paragraph (d) to read as follows:

§ 21.80 Requirement for a rehabilitation

plan.

* * * * *

(d) * * *

(Authority: 38 U.S.C. 523, 7722(c))

14. Section 21.86 is amended by

revising the authority citations for

paragraphs (a) and (b) to read as follows:
17708 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations

§ 21.86 Individualized extended evaluation

plan.

(a) * * *

(Authority: 38 U.S.C. 3106(a), 3107(a))

(b) * * *

(Authority: 38 U.S.C. 3106(a), 3107(a))

15. Section 21.90 is amended by

revising the section heading and the

authority citation for paragraph (a) to

read as follows:

§ 21.90 Individualized independent living

plan.

(a) * * *

(Authority: 38 U.S.C. 3109, 3120)

* * * * *

16. Section 21.94 is amended by

revising the authority citation for

paragraph (a) to read as follows:

§ 21.94 Changing the plan.

(a) * * *

(Authority: 38 U.S.C. 3107(b))

* * * * *

§ 21.98 [Amended]

17. In § 21.98, the heading of

paragraph (c) is amended by removing

‘‘Vocational Rehabilitation and

Education Service’’ and adding, in its

place, ‘‘Director, Vocational

Rehabilitation and Counseling Service’’;

and paragraph (c) in the first sentence

and paragraph (d) are amended by

removing ‘‘Vocational Rehabilitation

and Education Service’’ and adding, in

its place, ‘‘VR&C’’ and by removing

‘‘Vocational Rehabilitation and

Counseling’’ and adding, in its place,

‘‘VR&C’’.

18. In § 21.100, paragraph (a)

introductory text is amended by

removing ‘‘VR&E (Vocational

Rehabilitation and Education)’’ and

adding, in its place, ‘‘Vocational

Rehabilitation and Counseling (VR&C)’’;

paragraph (d)(1) is amended by

removing ‘‘Education’’ and adding, in

its place, ‘‘Counseling’’; paragraphs

(d)(1), (d)(2) introductory text, and

(d)(3)(ii) are amended by removing

‘‘VR&E’’ and adding, in its place,

‘‘VR&C’’; paragraph (d)(4) is amended

by removing ‘‘VR&E’’ and adding, in its

place, ‘‘a counseling psychologist in the

VR&C Division’’; and the authority

citations for paragraphs (b), (d), and (e)

are revised to read as follows:

§ 21.100 Counseling.

* * * * *

(b) * * *

(Authority: 38 U.S.C. 3104(a)(2))

* * * * *

(d) * * *

(Authority: 38 U.S.C. 3118(c))

(e) * * *

(Authority: 38 U.S.C. 101(20))

19. Section 21.120 is amended by

revising the authority citation for

paragraph (c) to read as follows:

§ 21.120 Educational and vocational

training services.

* * * * *

(c) * * *

(Authority: 38 U.S.C. 3104(a)(7), 3115(a))

20. Section 21.122 is amended by

revising the authority citation for

paragraph (a) to read as follows:

§ 21.122 School course.

(a) * * *

(Authority: 38 U.S.C. 501(a), 3104)

* * * * *

21. Section 21.123 is amended by

removing the authority citation for

paragraph (a) and by revising the

authority citation at the end of the

section to read as follows:

§ 21.123 On-job course.

* * * * *

(Authority: 38 U.S.C. 501(a), 3104)

22. Section 21.134 is amended by

revising the authority citation to read as

follows:

§ 21.134 Limitation on flight training.

* * * * *

(Authority: 38 U.S.C. 3680A(b))

23. Section 21.140 is amended by

revising the authority citation for

paragraph (d) to read as follows:

§ 21.140 Evaluation and improvement of

rehabilitation potential.

* * * * *

(d) * * *

(Authority: 38 U.S.C. 3104(a)(1), (6), (9), (10),

(15))

24. Section 21.148 is amended by

revising the authority citation for

paragraph (d) to read as follows:

§ 21.148 Tutorial assistance.

* * * * *

(d) * * *

(Authority: 38 U.S.C. 3108(f))

§ 21.155 [Amended]

25. In § 21.155, paragraph (d)(1) is

amended by removing ‘‘VHS&RA

(Veterans Health Services and Research

Administration)’’ and adding, in its

place, ‘‘Veterans Health Administration

(VHA)’’; and paragraph (d)(2) is

amended by removing ‘‘VHS&RA’’ and

adding, in its place, ‘‘VHA’’.

26. Section 21.160 is amended by

revising the authority citations for

paragraphs (a), (c), (d), and (e) to read

as follows:

§ 21.160 Independent living services.

(a) * * *

(Authority: 38 U.S.C. 3104(a)(15), 3109, 3120)

* * * * *

(c) * * *

(Authority: 38 U.S.C. 3104(a)(15), 3109, 3120)

(d) * * *

(Authority: 38 U.S.C. 3104(a)(15), 3109, 3120)

(e) * * *

(Authority: 38 U.S.C. 3104(a)(15), 3109, 3115,

3120)

27. In § 21.162, paragraph (b)(1) is

amended by adding ‘‘and’’ at the end of

the paragraph; paragraph (b)(2) is

amended by removing ‘‘homes:’’ and

adding, in its place, ‘‘homes.’’;

paragraphs (b)(3) and (b)(4) are

removed; and paragraph (a)(4), the

authority citation for paragraph (a),

paragraph (b) heading and introductory

text, and the authority citation for

paragraph (b) are revised to read as

follows:

§ 21.162 Participation in a program of

independent living services.

* * * * *

(a) * * *

(4) The VR&C Officer concurs in the

IILP.

(Authority: 38 U.S.C. 3104(a)(15), 3109, 3120)

(b) Considerations for the VR&C

Officer. The VR&C Officer will consider

the following factors in administering

programs providing independent living

services:

* * * * *

(Authority: 38 U.S.C. 3120(c))

28. Section 21.180 is amended by

revising the last sentence in paragraph

(c) to read as follows:

§ 21.180 Case status system.

* * * * *

(c) Case manager. * * * When

securing medical care, treatment, and

other related services, the VR&C case

manager will coordinate with Veterans

Health Administration (VHA) staff

members who have case management

responsibility for the veteran.

* * * * *

§ 21.222 [Amended]

29. In § 21.222, paragraph (c)(3) is

amended by removing ‘‘VR&E’’ and

adding, in its place, ‘‘VR&C’’.

30. Section 21.252 is amended by

revising paragraph (a)(2)(iii) and the

authority citation for paragraph (a) to

read as follows:

§ 21.252 Job development and placement

services.

(a) * * *

(2) * * *
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations 17709

(iii) The State Employment Services

and the Veterans’ Employment and

Training Service of the United States

Department of Labor;

* * * * *

(Authority: 38 U.S.C. 3117(a)(2))

* * * * *

31. In § 21.254, paragraph (c)

introductory text is amended by

removing ‘‘met;’’ and adding, in its

place, ‘‘met:’’; and the authority citation

for paragraph (b) is revised to read as

follows:

§ 21.254 Supportive services.

* * * * *

(b) * * *

(Authority: 38 U.S.C. 3104(a), 3108(f))

* * * * *

32. In § 21.256, paragraph (d) is

amended by removing ‘‘Director, VR&E

Service,’’ and adding, in its place,

‘‘VR&C Officer’’; and by revising the

authority citation following paragraph

(e) to read as follows:

§ 21.256 Incentives for employers.

* * * * *

(Authority: 38 U.S.C. 3108(f), 3116(b))

* * * * *

33. In § 21.260, the section heading is

revised and the authority citations for

paragraphs (a) and (b) are revised to

read as follows:

§ 21.260 Subsistence allowance.

(a) * * *

(Authority: 38 U.S.C. 3108(a) and (f))

(b) * * *

(Authority: 38 U.S.C. 3108)

* * * * *

34. Section 21.264 is amended by

revising the section heading and the

authority citations for paragraphs (a),

(b), (c), and (d) to read as follows:

§ 21.264 Election of payment at the 38

U.S.C. chapter 30 educational assistance

rate.

(a) * * *

(Authority: 38 U.S.C. 3015, 3022, 3108(f))

(b) * * *

(Authority: 38 U.S.C. 3015, 3022, 3108(f))

(c) * * *

(Authority: 38 U.S.C. 3015, 3022, 3108(f))

(d) * * *

(Authority: 38 U.S.C. 3015, 3022, 3108(f))

35. Section 21.268 is amended by

revising the authority citation for

paragraph (b) to read as follows:

§ 21.268 Employment adjustment

allowance.

* * * * *

(b) * * *

(Authority: 38 U.S.C. 3108(f))

* * * * *

36. In § 21.272, paragraph (e), the

authority citations for paragraphs (a),

(b), and (f), and the authority citation

following paragraph (d) are revised to

read as follows:

§ 21.272 Veteran-student services.

(a) * * *

(Authority: 38 U.S.C. 3104(a)(4), 3485)

(b) * * *

(Authority: 38 U.S.C. 3104(a)(4), 3108(f),

3485)

* * * * *

(Authority: 38 U.S.C. 3104(a)(4), 3485)

(e) Payment in advance. VA will pay

in advance an amount equal to 40

percent of the total amount payable

under the contract (but not more than an

amount equal to 50 times the applicable

hourly minimum wage).

(Authority: 38 U.S.C. 3104(a)(4), 3485)

(f) * * *

(Authority: 38 U.S.C. 3104(a)(4), 3485)

* * * * *

37. Section 21.276 is amended by

revising the authority citation for

paragraph (g) to read as follows:

§ 21.276 Incarcerated veterans.

* * * * *

(g) * * *

(Authority: 38 U.S.C. 3108(f), 3680(a))

* * * * *

38. In § 21.292, paragraph (d) is

amended by removing ‘‘VR&E’’ and

adding, in its place, ‘‘VR&C’; and

paragraph (e) is revised to read as

follows:

§ 21.292 Course approvals.

* * * * *

(e) Course disapproved. The VR&C

Officer may approve for 38 U.S.C.

chapter 31 use courses that one of the

agencies in paragraph (c) of this section

has disapproved.

(Authority: 38 U.S.C. 3115)

39. In § 21.294, paragraph (c) is

amended by removing ‘‘VHS&RA’’ and

adding, in its place, ‘‘VHA’’; and

paragraphs (b)(2)(i), (b)(3)(i), and

(b)(3)(ii) and the authority citations for

paragraphs (b) and (c) are revised to

read as follows:

§ 21.294 Selecting the training or

rehabilitation facility.

* * * * *

(b) * * *

(2) * * *

(i) Veterans Health Administration

(VHA) facilities that provide

independent living services;

* * * * *

(3) * * *

(i) Are not available through public or

nonprofit agencies or VHA; or

(ii) Cannot be obtained costeffectively from public or nonprofit

agencies or VHA.

* * * * *

(Authority: 38 U.S.C. 3115, 3120)

(c) * * *

(Authority: 38 U.S.C. 3115)

* * * * *

40. Section 21.320 is amended by

revising the authority citation following

paragraph (b) and the authority citation

for paragraph (d) to read as follows:

§ 21.320 Awards for subsistence

allowance and authorization of

rehabilitation services.

* * * * *

(Authority: 38 U.S.C. 3108 (a) and (f))

* * * * *

(d) * * *

(Authority: 38 U.S.C. 3108 (a) and (f))

41. Section 21.324 is amended by

revising the authority citation for

paragraph (i) to read as follows:

§ 21.324 Reduction or termination dates of

subsistence allowance.

* * * * *

(i) * * *

(Authority: 38 U.S.C. 3680(a))

* * * * *

42. Section 21.330 is amended by

revising the authority citation for

paragraph (a) to read as follows:

§ 21.330 Apportionment.

(a) * * *

(Authority: 38 U.S.C. 5307(c))

* * * * *

43. Section 21.334 is amended by

revising the section heading and the

authority citations for paragraphs (b),

(c), and (d) to read as follows:

§ 21.334 Election of payment at the

chapter 30 rate.

* * * * *

(b) * * *

(Authority: 38 U.S.C. 3108(f))

(c) * * *

(Authority: 38 U.S.C. 3108(f))

(d) * * *

(Authority: 38 U.S.C. 3108(f))

* * * * *

44. Section 21.342 is amended by

revising the authority citation to read as

follows:

§ 21.342 Leave accounting policy.

* * * * *

(Authority: 38 U.S.C. 3110)
17710 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations

45. Section 21.344 is amended by

revising the authority citation to read as

follows:

§ 21.344 Facility offering training or

rehabilitation services.

* * * * *

(Authority: 38 U.S.C. 3110)

46. Section 21.390 is amended by

revising paragraph (c) to read as follows:

§ 21.390 Rehabilitation research and

special projects.

* * * * *

(c) Research by Vocational

Rehabilitation and Counseling (VR&C)

staff members. VA will encourage

research by VR&C staff members. This

research will address problems affecting

service delivery, initiation and

continuation in rehabilitation programs,

and other areas directly affecting the

quality of VR&C services to veterans.

(Authority: 38 U.S.C. 3119(a))

* * * * *

47. Section 21.410 is revised to read

as follows:

§ 21.410 Delegation of authority.

The Secretary delegates authority to

the Under Secretary for Benefits to make

findings and decisions under 38 U.S.C.

chapter 31 and regulations, precedents,

and instructions that affect vocational

rehabilitation services for disabled

veterans. The Under Secretary for

Benefits may further delegate this

authority to supervisory and nonsupervisory Vocational Rehabilitation

and Counseling staff members.

(Authority: 38 U.S.C. 512(a))

48. In § 21.430, paragraph (c) is

amended by revising the heading and

introductory text; and the authority

citation is revised to read as follows:

§ 21.430 Accountability for authorization

and payment of training and rehabilitation

services.

* * * * *

(c) Vocational Rehabilitation and

Counseling (VR&C) Officer’s review of

program costs. The VR&C Officer will

review the program costs for the

services in paragraphs (c)(1) through

(c)(3) of this section if the case

manager’s program cost estimate for a

calendar year exceeds $25,000. The

VR&C Officer may not delegate this

responsibility. The case manager will

neither sign a rehabilitation plan nor

authorize expenditures before the VR&C

Officer approves the program costs. The

services subject to this review are:

* * * * *

(Authority: 38 U.S.C. 3115(b)(4))

[FR Doc. 97–9022 Filed 4–10–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300474; FRL–5600–5]

RIN 2070–AB78

Propiconazole; Pesticide Tolerances

for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

time-limited tolerances for combined

residues of the pesticide propiconazole

in or on the raw agricultural

commodities almonds and cranberries

in connection with EPA’s granting of

emergency exemptions under section 18

of the Federal Insecticide, Fungicide,

and Rodenticide Act authorizing use of

propiconazole on almonds in California

and cranberries in Wisconsin. This

regulation establishes maximum

permissible levels for residues of

propiconazole in these foods pursuant

to section 408(l)(6) of the Federal Food,

Drug and Cosmetic Act, as amended by

the Food Quality Protection Act of 1996.

DATES: This regulation becomes

effective April 11, 1997. Objections and

requests for hearings must be received

by EPA on or before June 10, 1997.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300474],

must be submitted to: Hearing Clerk

(1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk identified

by the docket control number, [OPP–

300474], must also be submitted to:

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, bring a copy of objections and

hearing requests to Rm. 1132, CM #2,

1921 Jefferson Davis Hwy., Arlington,

VA. A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Such copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1 file format

or ASCII file format. All copies of

objections and hearing requests in

electronic form must be identified by

the docket control number [OPP–

300474]. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic copies of

objections and hearing requests on this

rule may be filed online at many Federal

Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Olga Odiott, Registration Division

(7505W), Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number, and e-mail: Sixth Floor, Crystal

Station #1, 2800 Jefferson Davis

Highway, Arlington, VA 22202. (703)

308-6418, e-mail:

odiott.olga@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA,

pursuant to section 408(e) and (l)(6) of

the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a(e) and

(l)(6), is establishing tolerances for

residues of the pesticide propiconazole

(1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-

dioxolan-2-yl]methyl]-1H-1,2,4-triazole)

in or on almond nutmeats at 0.1 part per

million (ppm), in or on almond hulls at

2.5 ppm, and in or on cranberries at 1.0

ppm.

I. Background and Statutory Authority

The Food Quality Protection Act of

1996 (FQPA) (Pub. L. 104-170) was

signed into law August 3, 1996. FQPA

amends both the Federal Food, Drug,

and Cosmetic Act (FFDCA), 21 U.S.C.

301 et seq., and the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), 7 U.S.C. 136 et seq. The FQPA

amendments went into effect

immediately. Among other things,

FQPA amends FFDCA to bring all EPA

pesticide tolerance-setting activities

under a new section 408 with a new

safety standard and new procedures.

These activities are described below and

discussed in greater detail in the final

rule establishing the time-limited

tolerance associated with the emergency

exemption for use of propiconazole on

sorghum (61 FR 58135, November 13,

1996) (FRL-5572-9).

New section 408(b)(2)(A)(i) allows

EPA to establish a tolerance (the legal

limit for a pesticide chemical residue in

or on a food) only if EPA determines

that the tolerance is ‘‘safe.’’ Section

408(b)(2)(A)(ii) defines ‘‘safe’’ to mean

that ‘‘there is a reasonable certainty that

no harm will result from aggregate

exposure to the pesticide chemical

residue, including all anticipated

dietary exposures and all other