54292 Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations 

conditions with respect to the IND 

application or premarket approval 

(BLA) requirements, for certain HCT/Ps. 

In the Federal Register of December 

23, 2014 (79 FR 77012), FDA announced 

the availability of the draft guidance 

entitled ‘‘Minimal Manipulation of 

Human Cells, Tissues, and Cellular and 

Tissue-Based Products; Draft Guidance 

for Industry and Food and Drug 

Administration Staff’’ dated December 

2014 (Minimal Manipulation Draft 

Guidance), and in the Federal Register 

of December 24, 2014 (79 FR 77414), 

FDA announced the availability of draft 

guidance entitled ‘‘Human Cells, 

Tissues, and Cellular and Tissue-Based 

Products (HCT/Ps) from Adipose Tissue: 

Regulatory Considerations; Draft 

Guidance for Industry’’ dated December 

2014 (Adipose Draft Guidance). 

Additionally, in the Federal Register of 

October 30, 2015 (80 FR 66850), FDA 

announced the availability of the draft 

guidance entitled ‘‘Homologous Use of 

Human Cells, Tissues, and Cellular and 

Tissue-Based Products; Draft Guidance 

for Industry and FDA Staff’’ dated 

October 2015 (Homologous Use Draft 

Guidance). 

Also in the Federal Register of 

October 30, 2015, FDA reopened the 

comment period on the Minimal 

Manipulation Draft Guidance (80 FR 

66844), Adipose Draft Guidance (80 FR 

66849), and a third HCT/P-related 

guidance addressing the same surgical 

procedure exception in § 1271.15(b) (80 

FR 66847) (Same Surgical Procedure 

Exception Draft Guidance). Comments 

on these three HCT/P-related guidances, 

as well as the Homologous Use Draft 

Guidance, were requested by April 29, 

2016. Lastly, the Federal Register of 

October 30, 2015 (80 FR 66845), FDA 

announced a 1-day part 15 (21 CFR part 

15) public hearing to obtain input on the 

four HCT/P-related guidances to be held 

on April 13, 2016. 

Due to considerable interest in the 

public hearing and to give stakeholders 

additional time to provide comments to 

the Agency, on February 29, 2016, FDA 

announced that the hearing was 

postponed. In the Federal Register of 

April 22, 2016 (81 FR 23661 and 81 FR 

23664, respectively), FDA announced 

the rescheduled part 15 hearing date of 

September 12 and 13, 2016, and an 

extension of the comment period from 

April 29, 2016, until September 27, 

2016, on the four HCT/P-related 

guidances. Also in the Federal Register 

of April 22, 2016 (81 FR 23708), FDA 

announced a public workshop on the 

‘‘Scientific Evidence in Development of 

HCT/Ps Subject to Premarket 

Approval.’’ 

FDA received numerous comments on 

the Minimal Manipulation Draft 

Guidance, Homologous Use Draft 

Guidance, and the Adipose Draft 

Guidance in response to the request for 

comments, and those comments were 

considered in developing the final 

guidance in this notification. 

The guidance document announced 

in this notification finalizes the Minimal 

Manipulation Draft Guidance and the 

Homologous Use Draft Guidance. The 

guidance document also finalizes 

certain material related to adipose tissue 

that was included in the Adipose Draft 

Guidance. The material in this guidance 

document related to adipose tissue, 

together with the material related to 

adipose tissue included in the guidance 

finalizing the Same Surgical Procedure 

Exception Draft Guidance, the 

availability of which is announced 

elsewhere in this issue of the Federal 

Register, supersedes the Adipose Draft 

Guidance. Accordingly, FDA does not 

intend to finalize the Adipose Tissue 

Guidance, which is now withdrawn. 

Finally, this guidance supersedes the 

guidance entitled ‘‘Minimal 

Manipulation of Structural Tissue 

(Jurisdictional Update) Guidance for 

Industry and FDA Staff’’ dated 

September 2006. 

FDA is also announcing via this 

Federal Register notification that, with 

the publication of this guidance 

document, it will cease posting the 

Tissue Reference Group (TRG) annual 

reports on FDA’s Web site. The TRG 

was created as specified in the 

‘‘Proposed Approach to the Regulation 

of Cellular and Tissue-Based Products’’ 

dated February 28, 1997 (March 4, 1997; 

62 FR 9721). The purpose of the TRG is 

to provide a single reference point for 

product specific questions received by 

FDA (either through the Centers, or from 

the Office of Combination Products) 

concerning jurisdiction and applicable 

regulation of HCT/Ps. 

In 1998, the TRG began publishing its 

recommendations in an annual report 

that was posted on FDA’s Web site. 

Originally intended to assist industry in 

understanding the scientific rationale 

for the TRG recommendations, the 

recommendations are stated in general 

terms in order to protect proprietary 

information. As a result, FDA has 

received feedback from stakeholders 

that the annual reports do not provide 

helpful information. Therefore, we are 

announcing that although the TRG will 

continue to provide recommendations, 

the TRG annual reports will no longer 

be posted on FDA’s Web site. We note 

that this final guidance is intended to 

help clarify the minimal manipulation 

and homologous use criteria in 

§ 1271.10(a)(1) and (2), and thus 

addresses many of the questions that 

had been posed to the TRG. 

This guidance is being issued 

consistent with FDA’s good guidance 

practices regulation (21 CFR 10.115). 

The guidance represents the current 

thinking of FDA on ‘‘Regulatory 

Considerations for Human Cells, 

Tissues, and Cellular and Tissue-Based 

Products: Minimal Manipulation and 

Homologous Use.’’ It does not establish 

any rights for any person and is not 

binding on FDA or the public. You can 

use an alternative approach if it satisfies 

the requirements of the applicable 

statutes and regulations. This guidance 

is not subject to Executive Order 12866. 

II. Paperwork Reduction Act of 1995 

The guidance refers to previously 

approved collections of information 

found in FDA regulations. These 

collections of information are subject to 

review by the Office of Management and 

Budget (OMB) under the Paperwork 

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

3520). The collections of information in 

part 1271 have been approved under 

OMB control number 0910–0543. 

III. Electronic Access 

Persons with access to the internet 

may obtain the guidance at either 

https://www.fda.gov/BiologicsBlood

Vaccines/GuidanceCompliance

RegulatoryInformation/Guidances/ 

default.htm; or https://www.fda.gov/ 

MedicalDevices/DeviceRegulation

andGuidance/GuidanceDocuments/ 

default.htm; or https://www.fda.gov/ 

CombinationProducts/ 

GuidanceRegulatoryInformation/ 

default.htm; or https://

www.regulations.gov. 

Dated: November 13, 2017. 

Anna K. Abram, 

Deputy Commissioner for Policy, Planning, 

Legislation, and Analysis. 

[FR Doc. 2017–24838 Filed 11–16–17; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 943 

[SATS No. TX–067–FOR; Docket ID: OSM– 

2016–0001; S1D1S SS08011000 SX064A000 

189S180110; S2D2S SS08011000 

SX064A000 18XS501520] 

Texas Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 


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Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations 54293 

ACTION: Final rule. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are approving an amendment 

to the Texas regulatory program (Texas 

program) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). Texas proposed 

revisions to its regulations regarding 

annual permit fees. Texas revised its 

program at its own initiative to raise 

revenues sufficient to cover its 

anticipated share of costs to administer 

the coal regulatory program and to 

encourage mining companies to more 

quickly reclaim lands and request bond 

release, thereby fulfilling SMCRA’s 

purpose of assuring the reclamation of 

mined land as quickly as possible. 

DATES: The effective date is December 

18, 2017. 

FOR FURTHER INFORMATION CONTACT: 

William L. Joseph, Director, Tulsa Field 

Office. Telephone: (918) 581–6430. 

Email: bjoseph@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Texas Program 

II. Submission of the Amendment 

III. OSMRE’s Findings 

IV. Summary and Disposition of Comments 

V. OSMRE’s Decision 

VI. Procedural Determinations 

I. Background on the Texas Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its State program 

includes, among other things, State laws 

and regulations that govern surface coal 

mining and reclamation operations in 

accordance with the Act and consistent 

with the Federal regulations. See 30 

U.S.C. 1253(a)(1) and (7). On the basis 

of these criteria, the Secretary of the 

Interior conditionally approved the 

Texas program, effective February 16, 

1980. You can find background 

information on the Texas program, 

including the Secretary’s findings, the 

disposition of comments, and the 

conditions of approval, in the February 

27, 1980, Federal Register (45 FR 12998, 

13008). You can find later actions on the 

Texas program at 30 CFR 943.10, 

943.15, and 943.16. 

II. Submission of the Amendment 

By letter dated November 17, 2015 

(Administrative Record No. TX–705), 

and on its own initiative, Texas sent us 

an amendment to its program under 

SMCRA (30 U.S.C. 1201 et seq.). We 

announced receipt of the proposed 

amendment in the April 08, 2016, 

Federal Register (81 FR 20591). In the 

same document, we opened the public 

comment period and provided an 

opportunity for a public hearing or 

meeting on the adequacy of the 

amendment. We did not hold a public 

hearing or meeting because no one 

requested one. The public comment 

period ended on May 09, 2016. We did 

not receive any public comments. 

III. OSMRE’s Findings 

The following are the findings we 

made concerning the amendment under 

SMCRA and the Federal regulations at 

30 CFR 732.15 and 732.17. We are 

approving the amendment as described 

below. 

16 Texas Administrative Code (TAC) 

Section 12.108 Permit Fees 

Texas proposed to revise its 

regulations at 16 TAC Sections 

12.108(b)(1)–(3), adjusting the annual 

coal mining permit fees for calendar 

years 2015 and 2016. Fees for mining 

activities during calendar years 2015 

and 2016 were to be paid by coal mine 

operations by March 15th of the year 

following the calendar year for which 

the fees are applicable. 

By this amendment, Texas has: 

(1) Repealed paragraph (b)(1) 

regarding a fee for each acre of land 

within the permit area on which coal or 

lignite was actually removed during the 

calendar year; 

(2) Renumbered existing paragraphs 

(b)(2) and (3) to read as (b)(1) and (2) 

respectively; 

(3) Increased the fee in the new 

paragraph (b)(1) from $12.00 to $13.05 

for each acre of land within a permit 

area covered by a reclamation bond on 

December 31st of the year; and 

(4) Increased the fee in the new 

paragraph (b)(2) from $6,540.00 to 

$6,600.00 for each permit in effect on 

December 31st of the year. 

The Federal regulations at 30 CFR 

777.17 provide that applications for 

surface coal mining permits must be 

accompanied by a fee determined by the 

regulatory authority. The Federal 

regulations also provide that the fees 

may be less than, but not more than, the 

actual or anticipated cost of reviewing, 

administering, and enforcing the permit. 

Texas’ amendment describes how its 

coal mining regulatory program is 

funded. Texas operates on a biennial 

budget which appropriates general 

revenue funds for permitting and 

inspecting coal mining facilities within 

the state. This appropriation is 

contingent on the Railroad Commission 

of Texas (Commission) assessing fees 

sufficient to generate revenue to recover 

the general revenue appropriation. 

When calculating anticipated costs to 

the Commission for regulating coal 

mining activity, Texas anticipates 

OSMRE providing some grant funding 

for regulatory program costs based on 

Section 705(a) of SMCRA. Texas 

estimated that annual fees at the revised 

amounts in this amendment would 

result in revenue that, when coupled 

with permit application fees, was not 

expected to provide for more than 50 

percent of the anticipated regulatory 

program costs during each year of the 

biennium. OSMRE agrees that this is a 

reasonable expectation in light of recent 

reductions in overall funding to states 

that have resulted in them receiving less 

than fifty percent of their anticipated 

regulatory program costs. 

Texas adjusts its fees biennially to 

recover the amounts expended from 

state appropriations in accordance with 

a formula and schedule agreed to in 

2005 by the coal mining industry and 

the Commission. This amendment 

represents the sixth adjustment to 

surface mining fees based upon that 

agreement. 

We find that Texas’ fee changes are 

consistent with the discretionary 

authority provided by the Federal 

regulation at 30 CFR 777.17. Therefore, 

OSMRE approves Texas’ permit fee 

changes, recognizing that Texas has a 

process to adjust its fees to cover the 

cost of its regulatory program not 

covered by the Federal grant. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment but did not receive any. 

Federal Agency Comments 

On February 11, 2016, pursuant to 30 

CFR 732.17(h)(11)(i) and Section 503(b) 

of SMCRA, we requested comments on 

the amendment from various Federal 

agencies with an actual or potential 

interest in the Texas program 

(Administrative Record No. TX–705.01). 

We did not receive any comments. 

Environmental Protection Agency (EPA) 

Concurrence and Comment 

Under 30 CFR 732.17(h)(11)(ii), we 

are required to get written concurrence 

from EPA for those provisions of the 

program amendment that relate to air or 

water quality standards issued under 

the authority of the Clean Water Act (33 

U.S.C. 1251 et seq.) or the Clean Air Act 

(42 U.S.C. 7401 et seq.). None of the 

revisions that Texas proposed to make 

in this amendment pertain to air or 

water quality standards. Therefore, we 

did not ask EPA to concur on the 

amendment. However, on February 11, 


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54294 Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations 

2016, under 30 CFR 732.17(h)(11)(i), we 

requested comments from the EPA on 

the amendment (Administrative Record 

No. TX–705.1). The EPA did not 

respond to our request. 

State Historical Preservation Officer 

(SHPO) and the Advisory Council on 

Historic Preservation (ACHP) 

Under 30 CFR 732.17(h)(4), we are 

required to request comments from the 

SHPO and ACHP on amendments that 

may have an effect on historic 

properties. On February 11, 2016, we 

requested comments on Texas’ 

amendment (Administrative Record No. 

TX–705.01), but neither the SHPO nor 

ACHP responded to our request. 

V. OSMRE’s Decision 

Based on the above findings, we 

approve the amendment Texas 

submitted to the OSMRE on November 

17, 2015 (Administrative Record No. 

TX–705). 

To implement this decision, we are 

amending the Federal regulations at 30 

CFR part 943 that codify decisions 

concerning the Texas program. In 

accordance with the Administrative 

Procedure Act, this rule will take effect 

30 days after the date of publication. 

Section 503(a) of SMCRA requires that 

the State’s program demonstrate that 

they have the capability of carrying out 

the provisions of the Act and meeting its 

purposes. SMCRA requires consistency 

of State and Federal standards. 

VI. Procedural Determinations 

Executive Order 12630—Takings 

This rulemaking does not have 

takings implications. This 

determination is based on the analysis 

performed for the counterpart Federal 

regulation. 

Executive Order 12866—Regulatory 

Planning and Review 

This rulemaking is exempted from 

review by the Office of Management and 

Budget (OMB) under Executive Order 

12866. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 and 

has determined that this rulemaking 

meets the applicable standards of 

subsections (a) and (b) of that section. 

However, these standards are not 

applicable to the actual language of 

State regulatory programs and program 

amendments because each program is 

drafted and promulgated by a specific 

State, not by OSMRE. Under sections 

503 and 505 of SMCRA (30 U.S.C. 1253 

and 1255) and the Federal regulations at 

30 CFR 730.11, 732.15, and 

732.17(h)(10), decisions on proposed 

State regulatory programs and program 

amendments submitted by the States 

must be based solely on a determination 

of whether the submittal is consistent 

with SMCRA and its implementing 

Federal regulations and whether the 

other requirements of 30 CFR parts 730, 

731, and 732 have been met. 

Executive Order 13132—Federalism 

This rulemaking does not have 

Federalism implications. SMCRA 

delineates the roles of the Federal and 

State governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ the requirements of 

SMCRA, and section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’ 

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rulemaking on Federallyrecognized Indian tribes and have 

determined that the rulemaking does 

not have substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. The basis 

for this determination is that our 

decision is on a State regulatory 

program and does not involve Federal 

regulations involving Indian lands. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

Executive Order 13211 of May 18, 

2001, requires agencies to prepare a 

Statement of Energy Effects for a 

rulemaking that is (1) considered 

significant under Executive Order 

12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rulemaking is exempt from review 

under Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rulemaking does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

Paperwork Reduction Act 

This rulemaking does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rulemaking will not 

have a significant economic impact on 

a substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rulemaking, 

is based upon counterpart Federal 

regulations for which an economic 

analysis was prepared and certification 

made that such regulations would not 

have a significant economic effect upon 

a substantial number of small entities. 

In making the determination as to 

whether this rulemaking would have a 

significant economic impact, the 

Department relied upon the data and 

assumptions for the counterpart Federal 

regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rulemaking is not a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. This rulemaking: (a) Does 

not have an annual effect on the 

economy of $100 million; (b) Will not 

cause a major increase in costs or prices 

for consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions; and (c) 

Does not have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal, which is 

the subject of this rulemaking, is based 

upon counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 


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Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations 54295 

Unfunded Mandates 

This rulemaking will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rulemaking, is 

based upon counterpart Federal 

regulations for which an analysis was 

prepared and a determination made that 

the Federal regulation did not impose 

an unfunded mandate. 

List of Subjects in 30 CFR Part 943 

Intergovernmental relations, Surface 

mining, Underground Mining. 

Dated: October 31, 2017. 

Alfred L. Clayborne, 

Regional Director, Mid-Continent Region. 

For the reasons set out in the 

preamble, 30 CFR part 943 is amended 

as set forth below: 

PART 943—TEXAS 

■ 1. The authority citation for Part 943 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. In § 943.15, the table is amended by 

adding a new entry in chronological 

order to read as follows: 

§ 943.15 Approval of Texas regulatory 

program amendments. 

* * * * * 

Original amendment submission date Date of final publication Citation/description 

*******

November 17, 2015 ......................................................... November 17, 2017 ......................................................... 16 TAC 12.108(b)(1)–(3). 

[FR Doc. 2017–24620 Filed 11–16–17; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AQ11 

VA Vocational Rehabilitation and 

Employment Nomenclature Change for 

Position Title—Revision 

AGENCY: Department of Veterans Affairs. 

ACTION: Interim final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) published a final rule in the 

Federal Register on May 2, 2016, which 

amended a number of regulations in the 

Code of Federal Regulations (CFR) to 

authorize personnel hired by VA’s 

Vocational Rehabilitation and 

Employment (VR&E) Service under the 

title ‘‘Vocational Rehabilitation 

Counselor’’ (VRC) to make the same 

determinations with respect to Chapter 

31 services and benefits as personnel 

who had been hired under the title 

‘‘Counseling Psychologist’’ (CP). The 

preamble to that final rule cited 

supporting documents inaccurately and 

failed to properly explain the 

qualifications for and duties of this 

VR&E position responsible for making 

determinations with respect to Chapter 

31 services and benefits. This interim 

final rule corrects those inaccuracies, 

more clearly explains the basis for the 

final rule, and invites public comment 

on the changes made to VA’s regulations 

in the May 2, 2016, final rule. 

DATES: Effective Date: This interim final 

rule is effective November 17, 2017. VA 

must receive comments on or before 

December 18, 2017. 

ADDRESSES: Submit written comments 

through http://www.Regulations.gov; by 

mail or hand-delivery to: Director, 

Regulations Management (00REG), 

Department of Veterans Affairs, 810 

Vermont Ave. NW., Room 1063B, 

Washington, DC 20420; or by fax to 

(202) 273–9026. (This is not a toll-free 

telephone number.) Comments should 

indicate that they pertain to ‘‘RIN 2900– 

AQ11, VA Vocational Rehabilitation 

and Employment Nomenclature Change 

for Position Title—Revision.’’ Copies of 

comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8:00 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 for an appointment. 

(This is not a toll-free telephone 

number.) In addition, comments may be 

viewed online through the Federal 

Docket Management System (FDMS) at 

http://www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: C.J. 

Riley, Senior Policy Analyst, Vocational 

Rehabilitation and Employment Service 

(28), Veterans Benefits Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue NW., Washington, DC 

20420, Christi.Hellard@va.gov, (202) 

461–9600. (This is not a toll-free 

telephone number.) 

SUPPLEMENTARY INFORMATION: In a final 

rule published in the Federal Register 

on May 2, 2016, at 81 FR 26130, VA 

amended a number of regulations in 

Part 21, CFR, to add the title ‘‘VRC’’ for 

the position responsible for making 

certain determinations with respect to 

Chapter 31 services and benefits. In the 

preamble to the final rule, we stated that 

the revisions were non-substantive and 

intended to reflect the fact that the CP 

and VRC position titles are synonymous 

because the positions have the same job 

duties and qualifications. We also stated 

that the final rule was necessary to 

ensure consistency. The preamble 

referenced a performance plan that was 

purportedly implemented on December 

16, 2003, that described how the job 

duties of and qualifications for a CP and 

VRC were the same. However, the 

performance plan was implemented on 

July 1, 2004, rather than on December 

16, 2003, and does not provide that the 

two positions have the same 

qualifications. Nonetheless, VRCs are 

fully qualified to perform the duties 

specified in Chapter 31 regulations. 

Therefore, because reversing the 

changes published in the Federal 

Register on May 2, 2016, would be 

harmful to Veterans seeking vocational 

rehabilitation services for reasons 

discussed below, we are not reversing 

those changes at this time. However, VA 

is seeking public comment on those 

changes, as further explained in this 

document. The explanation that follows 

corrects the inaccuracies in the 

preamble to the final rule and more 

clearly explains the basis for the rule. 

VA’s VR&E program serves an 

important function: To assist Veterans 

who have service-connected disabilities 

and barriers to employment in obtaining 

and maintaining suitable employment 

and achieving maximum independence 

in daily living. In 1996, VA began to 

allow use of Office of Personnel 

Management (OPM) classification series 

GS–0101, Social Science, to hire 

personnel under the title ‘‘VRC’’ to 

provide rehabilitation services. Such 

services include, but are not limited to, 

deciding eligibility and entitlement, 

developing rehabilitation plans, and 

delivering case management services. 

VA’s VR&E program had previously 

hired personnel under the title ‘‘CP,’’ 

OPM classification series GS–0180, 

Psychology, to provide these types of 

rehabilitation services. Since 1996, after 


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