Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66763

(n) Appropriate provisions granting

the Director and the Comptroller

General access to the records of the

lessee as necessary for lease

administration purposes and/or as

provided by applicable law.

Dated: July 19, 2001.

Joseph E. Doddridge,

Acting Assistant Secretary for, Fish and

Wildlife and Parks.

[FR Doc. 01–31201 Filed 12–26–01; 8:45 am]

BILLING CODE 4310–70–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Chapter 1, Part 3

RIN 2900–AK65

Filipino Veterans’ Benefits

Improvements

AGENCY: Department of Veterans Affairs.

ACTION: Interim final rule.

SUMMARY: This document amends

Department of Veterans Affairs (VA)

adjudication regulations to reflect

changes made by the Departments of

Veterans Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act, 2001,

which changed the rate of compensation

payments to certain Filipino veterans

residing in the United States and the

Veterans Benefits and Health Care

Improvement Act of 2000, which

changed the amount of the burial benefit

paid to the survivors of certain Filipino

veterans who were residing in the

United States at the times of their

deaths.

DATES: Effective Date: December 27,

2001.

Applicability Dates: The provisions of

this interim final rule regarding

compensation benefits, 38 CFR 3.42, 38

CFR 3.405, and 38 CFR 3.505, apply

beginning October 27, 2000. The

provision of this interim final rule

regarding burial benefits, 38 CFR 3.43,

applies when the veteran has died after

November 1, 2000.

Comment Date: Comments must be

received by VA on or before February

25, 2002.

ADDRESSES: Mail or hand-deliver

written comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW, Room 1154,

Washington, DC 20420; or fax comments

to (202) 273–9289; or e-mail comments

to OGCRegulations@mail.va.gov.

Comments should indicate that they are

submitted in response to ‘‘RIN 2900–

AK65.’’ All comments received will be

available for public inspection in the

Office of Regulations Management,

Room 1158, between the hours of 8:00

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

Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Bill

Russo, Regulations Staff, Compensation

and Pension Service (211A), Veterans

Benefits Administration, Department of

Veterans Affairs, 810 Vermont Avenue,

NW, Washington, DC 20420, telephone

(202) 273–7211.

SUPPLEMENTARY INFORMATION: The

Philippine Islands achieved

independence from the United States in

1946. The Philippines was still a

commonwealth of the United States

when America entered World War II,

and President Roosevelt ordered many

Filipinos into service. In the years that

followed, a variety of VA benefits were

provided to Filipinos based on service

in different military units. One longstanding provision, 38 U.S.C. 107, gave

certain Filipino veterans certain VA

benefits at half the rate paid to United

States veterans.

I. Compensation Benefits

On October 27, 2000, the President

signed into law the Departments of

Veterans Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act, 2001,

Pub. L. 106–377, 114 Stat. 1441. Section

501 of Pub. L. 106–377 amended 38

U.S.C. 107 to provide full-rate payments

of benefits for Filipino veterans who

had ‘‘[s]ervice before July 1, 1946, in the

organized military forces of the

Government of the Commonwealth of

the Philippines, while such forces were

in the service of the Armed Forces of the

United States under the military order

of the President dated July 26, 1941,

including among such military forces

organized guerrilla forces under

commanders appointed, designated, or

subsequently recognized by the

Commander in Chief, Southwest Pacific

Area, or other competent authority in

the Army of the United States. * * *’’

In order to be entitled to full-dollar rate

benefits, Pub. L. 106–377 requires that

the veteran be ‘‘residing in the United

States’’ and also be either a U.S. citizen

or an alien lawfully admitted for

permanent residence in the U.S. To

implement this new law, this document

adds new §§ 3.42 and 3.43 to 38 CFR,

redesignates §§ 3.8 and 3.9 as §§ 3.40

and 3.41, respectively, and amends

§ 3.40.

Legislative Intent

By increasing compensation to

Filipino veterans residing in the U.S.,

Congress indicated its recognition that

Filipino veterans residing in the U.S.

have a higher cost of living than

Filipino veterans living in the

Philippines. However, Congress did not

intend to create a windfall for Filipino

veterans who do not actually face the

higher cost of living in the U.S. In order

to avoid that potential result, Congress

required that Filipino veterans be

residing in the U.S. and either be

citizens of the U.S. or aliens lawfully

admitted for permanent residence in the

U.S.

Definitions

Although Congress did not define the

term ‘‘residing in the United States’’ in

Pub. L. 106–377, we believe Congress

intended that VA pay Filipino veterans

the full-dollar rate for compensation

only while they are actually residing in

the U.S. We are therefore defining the

term to require that the veteran’s

principal, actual dwelling place must be

in the U.S. We have used simple,

objective criteria for determining

whether a veteran meets that definition:

requiring that the veteran be present in

the U.S. for at least the majority of each

calendar year, beginning with the

calendar year in which he or she applies

for the full-dollar rate, and continuing

in each year in which the veteran

receives full-dollar rate benefits; and

that the veteran not be absent from the

U.S. for more than 60 consecutive days.

If a veteran is absent from the U.S. for

longer than these periods, it is

reasonable to conclude that he or she is

not residing in the U.S. In addition, this

definition will be understandable to

veterans and readily applied by VA

employees. This rule will also allow

veterans reasonable periods to travel

outside of the U.S. for business or

personal reasons without having their

benefits reduced.

Congress did not define ‘‘United

States’’ in Pub. L. 106–377, but we

believe that Congress intended to more

adequately compensate Filipino

veterans for the cost-of-living in the

states, territories and possessions of the

United States, the District of Columbia,

and the Commonwealth of Puerto Rico.

Therefore, this rule specifically

references the states, territories and

possessions of the United States, the

District of Columbia, and the

Commonwealth of Puerto Rico.

Congress did not define the terms

‘‘citizen’’ of the U.S. and ’’lawfully

admitted for permanent residence’’ in

Pub. L. 106–377. However, these terms

are well defined by existing federal

immigration and naturalization laws

found in title 8, United States Code, and

we believe that Congress intended for

the terms to have the same meaning.

66764 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

Therefore, we are defining ‘‘citizen’’ of

the U.S. to mean any individual who

acquires U.S. citizenship through birth

in the territorial U.S., birth abroad as

provided under title 8, United States

Code, or through naturalization, and has

not renounced his or her U.S.

citizenship, or had such citizenship

cancelled, revoked, or otherwise

terminated. We are defining ‘‘lawfully

admitted for permanent residence’’ to

mean lawfully accorded the privilege of

residing permanently in the United

States as an immigrant in accordance

with title 8, United States Code, such

status not having changed.

Evidence of Eligibility

VA has an obligation to ensure that

veterans receiving full-dollar rate

benefits meet the residency and

citizenship/permanent-resident-alien

requirements in the law. As proof that

the veteran is residing in the U.S., this

rule requires satisfactory evidence

(which may include, for example, a

driver’s license, lease agreement, or

utility bills) that he or she is residing at

a valid street address in the U.S. and

receiving mail at that address.

Furthermore, this rule provides that VA

will not pay benefits at the full rate if

the veteran’s mailing address is a Post

Office box, unless evidence from the

U.S. Postal Service shows that it does

not deliver mail to the veteran’s street

address. We believe these provisions

will help ensure program integrity and

reduce the possibility of fraud.

This rule states that a valid original or

copy of one of the following documents

is required to prove that a veteran is a

natural born citizen of the U.S.:

A valid U.S. passport;

• A birth certificate showing that he

or she was born in the U.S.; or

• A Report of Birth Abroad of a

Citizen of the U.S. issued by a U.S.

consulate abroad.

We believe this is a reasonable

requirement, since these documents are

standardized, reliable means of proving

an individual’s U.S. citizenship. A U.S.

passport is issued only to individuals

who have provided acceptable proof of

U.S. citizenship to the U.S. Department

of State. One of the latter two

documents listed above are generally

issued at birth.

The U.S. Immigration and

Naturalization Service (INS) is the

federal agency responsible for granting

naturalized citizen status and keeping

records on such status. Therefore, this

rule states that only verification of that

status by INS to VA will be sufficient

proof for purposes of eligibility for fulldollar rate benefits.

INS documents all aliens who receive

permanent-resident-alien status in the

U.S. Therefore, this rule requires that, in

order to establish status as a permanent

resident alien for purposes of receiving

compensation at the full-dollar rate,

only verification of that status by INS to

VA will be sufficient proof for purposes

of eligibility for full-dollar rate benefits.

Continued Eligibility

We believe that Congress intended

that Filipino veterans receive an

increased rate of benefit payment due to

the relatively high cost-of-living in the

U.S., if the U.S. is their principal, actual

dwelling place. Therefore, we believe it

is reasonable to establish limits on how

long a veteran may be absent from the

U.S. but yet continue to receive benefits

at the full-dollar rate. Under this rule, in

order to continue receiving benefits at

the full-dollar rate under this section, a

veteran must be physically present in

the U.S. for at least 183 days of each

calendar year in which he or she

receives payments at the full-dollar rate,

and may not be absent from the U.S. for

more than 60 consecutive days at a time.

If a veteran is absent from the U.S. for

longer than these periods, it is

reasonable to conclude that the U.S. is

not his or her principal, actual dwelling

place. However, if a veteran becomes

eligible for full-dollar rate benefits on an

initial basis, on or after July 1 of any

calendar year, the 183-day rule will not

apply during that calendar year.

Further, VA will not consider a veteran

to have been absent from the U.S. if he

or she left and returned to the U.S. on

the same date. To ensure program

integrity, we have included in this rule

a requirement that a veteran receiving

full-dollar rate benefits must notify VA

within 30 days of leaving the U.S.

Also to ensure program integrity, we

are requiring that a Filipino veteran

receiving benefits at the full-dollar rate

must notify VA within 30 days if he or

she loses his or her U.S. citizenship or

lawful-permanent-resident-alien status.

This rule also states that, when a

veteran no longer meets the citizenship/

permanent-resident-alien eligibility

requirements, VA will reduce his or her

payment to the rate of $0.50 for each

dollar authorized under the law.

These requirements will be

understandable to veterans and readily

applied by VA employees. This rule will

also allow veterans reasonable periods

to travel outside of the U.S. for business

or personal reasons without having their

benefits reduced.

In addition, this rule states that a

veteran receiving full-dollar rate

benefits must provide VA with

satisfactory evidence that he or she

continues to meet the residency and

citizenship/naturalization requirements,

whenever VA requests such evidence.

This rule incorporates 38 CFR 3.652,

which contains VA’s procedure for

requesting proof of continued eligibility

and reducing a benefits award if it is not

submitted in a timely manner. Section

3.652 states that VA beneficiaries must

provide VA with proof, when requested,

that any or all of the eligibility factors

which established entitlement continue

to exist. This rule specifically restates

that requirement and the requirement

that VA advise the veteran at the time

of the request that the proof must be

furnished within 60 days and that

failure to do so will result in the

reduction of benefits under § 3.652. We

believe these concepts from § 3.652 are

fair, reasonable and efficient.

To further ensure program integrity, a

veteran receiving benefits at the fulldollar rate under this section must

notify VA promptly if the veteran

changes his or her address. For the same

reason, if mail from VA to the veteran

is returned as undeliverable, VA will

attempt to verify a more current address.

If this attempt at verification proves

unsuccessful, VA will reduce his or her

payment to the rate of $0.50 for each

dollar authorized under law. We believe

this is necessary, since such returned

mail may indicate that the veteran no

longer resides at the address that was

the basis for his or her entitlement to the

full-dollar rate benefits.

Effective dates for initial eligibility

We are adding a new § 3.405

containing the effective date rules for

the full-dollar rate benefit. Section

501(a) of Pub. L. 106–377 states that the

amendments allowing full-dollar rate

benefits for certain Filipino veterans

‘‘shall take effect on the date of the

enactment of this Act and shall apply to

benefits paid for months beginning on

or after that date.’’ In order to be

consistent with congressional intent, for

veterans who met the eligibility

requirements in § 3.42 on October 27,

2000, and maintained such eligibility

continuously from that date to the date

of an administrative determination of

entitlement, the effective date of awards

of compensation at the full-dollar rate

will be October 27, 2000. For all other

veterans, awards of compensation for

Filipino veterans under § 3.42 will be

effective on the latest of the following

dates, which are consistent with

existing effective date rules:

• Date entitlement arose;

• Date on which the veteran first met

the residency and citizenship/

permanent-resident-alien status

requirements in § 3.42, if VA receives

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66765

evidence of this within 1 year of that

date;

• Effective date of the rating

establishing service connection,

provided VA receives evidence that the

veteran meets the residency and

citizenship/permanent-resident-alien

status requirements in § 3.42 within 1

year of notification of such rating action.

• Date the veteran returned to the

U.S. after absence of more than 60

consecutive days.

• First day of the year following the

year in which the veteran was absent

from the U.S. for a total of 183 days or

more, or the first day after that date that

the veteran returns to the U.S.

Effective dates for reductions

As stated above, Pub. L. 106–377 does

not address the issue of effective dates

for the new full-dollar rate payments, so

we will apply existing effective date

regulations. We believe this is

consistent with congressional intent,

and that application of existing rules

will avoid unnecessarily complicating

the adjudication process.

This rule also gives VA authority to

verify continued eligibility for fulldollar rate payments. If VA requests

information for this purpose, and the

veteran does not provide it within 60

days, the eligibility factor(s) for which

certification was requested will,

pursuant to § 3.652(a), be considered to

have ceased to exist as of the end of the

month in which it was last shown by

the evidence of record to have existed.

Under § 3.652(b), if the required

certification is submitted to VA after

benefits have been reduced, the benefits

will be adjusted in accordance with the

facts found. We believe the general rules

provided in § 3.652 are fair and easy to

administer. Accordingly, we will rely on

them in cases of increased rate

payments under Pub. L. 106–377; this

rule provides that reductions for failure

to verify continued eligibility will be as

provided in § 3.652.

Under this rule, when a veteran no

longer meets the residence or

citizenship/permanent-resident-alien

eligibility requirements of Pub. L. 106–

377, VA will reduce his or her payment

to the rate of $0.50 for each dollar

authorized under the law, effective on

the date determined under new § 3.505,

discussed below. The rule also states

that, if mail from VA to the veteran is

returned as undeliverable, VA will

reduce his or her payment to the rate of

$0.50 for each dollar authorized under

law, effective on the date determined

under § 3.505.

We are adding a new § 3.505 to state

that if a veteran receiving benefits at the

full-dollar rate under § 3.42 is

physically absent from the U.S. for a

total of 183 days or more during any

calendar year, VA will reduce the

payment of any compensation to the

rate of $0.50 for each dollar authorized

under the law, effective on the 183rd

day of absence from the U.S. In

addition, it states that, if a veteran

receiving benefits at the full-dollar rate

under § 3.42 is physically absent from

the U.S. for more than 60 consecutive

days, VA will reduce his or her

compensation to the rate of $0.50 for

each dollar authorized under the law,

effective on the 61st day of the absence.

It further states that a veteran receiving

benefits at the full-dollar rate under

§ 3.42 loses either U.S. citizenship or

status as an alien lawfully admitted for

permanent residence in the U.S., VA

will reduce the compensation to the rate

of $0.50 for each dollar authorized

under the law, effective on the day he

or she no longer satisfies one of these

criteria. Finally, it also states that if mail

to a veteran receiving benefits at the

full-dollar rate under § 3.42 is returned

to VA as undeliverable, VA will reduce

his or her payment to the rate of $0.50

for each dollar authorized under law,

effective on the date of the last payment

of compensation benefits.

Effective dates for restored eligibility

Under this rule, if a veteran who

stopped meeting the residency or

citizenship/permanent-resident-alien

requirements in Pub. L. 106–377 again

meets these requirements, and provides

VA with proof of this, VA will restore

the veteran’s full-dollar rate benefits,

effective the date the veteran meets the

eligibility requirements in 3.42.

However, such increased payments will

be retroactive no more than one year

prior to the date on which VA receives

evidence that he or she meets the

requirements again. These rules are

consistent with VA’s existing effective

date regulations. If a veteran’s payments

are reduced based on an absence from

the U.S. of 183 or more days during a

calendar year, under no circumstances

will VA resume payments at the fulldollar rate before the beginning of the

following calendar year. This is

consistent with what we believe is

Congress’ intent that these higher

payments be paid only to veterans

whose principal, actual dwelling place

is in the U.S.

II. Burial Benefits

On November 1, 2000, the President

signed into law the Veterans Benefits

and Health Care Improvement Act of

2000, Pub. L. 106–419, 114 Stat. 1822.

Section 332 of Pub. L. 106–419

authorizes VA to pay burial benefits to

the survivors of certain Filipino

veterans at the full-dollar rate, instead of

the half-dollar rate. It includes the same

requirements as Pub. L. 106–377

regarding residency and citizenship and

also requires that the deceased veteran

must have been receiving compensation

or have met the disability and income

requirements for pension, on the date of

his or her death. (Generally, Filipino

veterans are not eligible for pension, see

38 U.S.C. 107.) Specifically, with regard

to compensation and pension, the

veteran must have been receiving

compensation under chapter 11 of title

38 or, if the veteran’s service had been

deemed to be active military, naval, or

air service, he or she would have been

entitled to pension under 38 U.S.C.

1521 without denial or discontinuance

by reason of 38 U.S.C. 1522’s net worth

restriction. This rule adds a new 38 CFR

3.43 to implement this new law.

Definitions

Although Congress did not define the

term ‘‘residing in the United States’’ in

Pub. L. 106–419, we believe that, when

Congress enacted Section 332 of Pub. L.

106–419, it intended to more adequately

compensate the survivors of Filipino

veterans for the cost of burial in the

U.S., which is higher than the cost of

burial in the Philippines. We believe

that, for the purposes of burial benefits,

the relevant issues under this statute are

whether the deceased veteran was

residing in the U.S. on the date of death

(regardless of how long he or she was

residing in this country) and whether he

or she met the citizenship or residentalien requirements. We believe this

standard is consistent with the

governing statute, will not impose an

undue evidentiary burden on claimants,

and will be relatively simple for VA to

administer. In addition, VA does not

believe Congress intended to exclude

from this added benefit the survivors of

veterans who resided in the U.S. but

happened to die while temporarily out

of the U.S., and we have included a

sentence to that effect in § 3.43.

Congress did not define ‘‘United

States,’’ ‘‘citizen of the United States,’’

or ‘‘lawfully admitted for permanent

residence’’ in Section 332 of Pub. L.

106–419. For the reasons stated in the

discussion of compensation benefits

above, we are defining these terms in a

similar manner, but with minor

modifications applicable to burial

benefits.

Evidence of Eligibility

VA has an obligation to ensure that

claimants receive full-dollar rate

benefits only if the deceased veteran

met the residency and citizenship/

66766 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

permanent-resident-alien requirements

in the law on the date of death. As proof

that the deceased was residing in the

U.S., we are requiring that a claimant

provide VA with satisfactory evidence

(which may include, for example, a

driver’s license, lease agreement, or

utility bills) that the deceased was

residing on the date of death at a valid

street address in the U.S. We believe

these provisions will help ensure

program integrity and reduce the

possibility of fraud.

For the reasons stated in the

discussion of compensation benefits

above, this rule states that in claims for

full-dollar-rate burial benefits in which

the claimant asserts that the deceased

veteran was a natural born citizen of the

U.S., a valid original or copy of one of

the following documents is required:

• A valid U.S. passport;

• A birth certificate showing that he

or she was born in the U.S.; or

• A Report of Birth Abroad of a

Citizen of the U.S. issued by a U.S.

consulate abroad.

For the reasons stated in the

discussion of compensation benefits

above, this rule states that only

verification of naturalized citizen or

permanent-resident-alien status by INS

to VA will be sufficient proof of such

status for purposes of eligibility for fulldollar rate benefits.

We are making this document

effective on an emergency basis because

there is good cause under the provisions

of 5 U.S.C. 553 to publish this interim

final rule without regard to prior notice

and comment and effective date

provisions. Compliance with these

provisions would be impracticable,

unnecessary, and contrary to the public

interest. This interim final rule is

necessary to implement legislation that

provides additional benefits to disabled

Filipino veterans and their survivors,

most of whom are elderly. Many of

these Filipino veterans, and their

survivors, have chronic health problems

and financial hardships. Publication of

this amendment as an interim final rule

will enable VA to immediately provide

to these beneficiaries the increased

benefits they need in order to better

cope with the cost of living in the

United States.

Scope and Applicability

On October 27, 2000, the President

signed into law the Departments of

Veterans Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act, 2001,

Pub. L. 106–377, 114 Stat. 1441. Section

501 of Pub. L. 106–377 amended 38

U.S.C. 107 to provide full-rate payments

of VA compensation benefits for certain

Filipino veterans who had ‘‘[s]ervice

before July 1, 1946, in the organized

military forces of the Government of the

Commonwealth of the Philippines,

while such forces were in the service of

the Armed Forces of the United States

under the military order of the President

dated July 26, 1941, including among

such military forces organized guerrilla

forces under commanders appointed,

designated, or subsequently recognized

by the Commander in Chief, Southwest

Pacific Area, or other competent

authority in the Army of the United

States. . . .’’ Therefore, the provisions of

this interim final rule regarding

compensation benefits, 38 CFR 3.42, 38

CFR 3.405, and 38 CFR 3.505, apply

beginning October 27, 2000.

On November 1, 2000, the President

signed into law the Veterans Benefits

and Health Care Improvement Act of

2000, Pub. L. 106–419, 114 Stat. 1822.

Section 332 of Pub. L. 106–419

authorizes VA to pay burial benefits to

the survivors of certain Filipino

veterans at the full-dollar rate (instead

of the half-dollar rate), if the veteran

died after the date of enactment.

Therefore, the provision of this interim

final rule regarding burial benefits, 38

CFR 3.43, applies when the veteran has

died after November 1, 2000.

Paperwork Reduction Act

Proposed 38 CFR 3.42 and 3.43

contain collections of information under

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501–3520). Section 3.42

deals with the payment of compensation

at the full dollar rate under the

provisions of Pub. L. 106–377. Section

3.43 deals with the payment of burial

benefits at the full dollar rate under the

provisions of Pub. L. 106–419.

Accordingly, under section 3507(d) of

the Act, VA has submitted a copy of this

rulemaking action to OMB for its review

of the collections of information.

OMB assigns a control number for

each collection of information it

approves. VA may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The collection of

information provisions in this document

will not be effective until approved by

the OMB and assigned an OMB control

number.

Comments on the proposed

collections of information should be

submitted to the Office of Management

and Budget, Attention: Desk Officer for

the Department of Veterans Affairs,

Office of Information and Regulatory

Affairs, Washington, DC 20503, with

copies mailed or hand-delivered to:

Director, Office of Regulations

Management (02D), Department of

Veterans Affairs, 810 Vermont Ave.,

NW, Room 1154, Washington, DC

20420. Comments should indicate that

they are submitted in response to ‘‘RIN

2900–AK65.’’

Title: Rate of Compensation Payments

for Filipino Veterans Residing in the

United States.

Summary of collection of information:

In proposed 38 CFR 3.42, VA requests

information from certain Filipinos

ordered into service during World War

II to determine their entitlement to VA

compensation at the full-dollar rate.

Description of the need for

information and proposed use of

information: The information is

necessary to determine the entitlement

of certain Filipinos ordered into service

during World War II to VA

compensation at the full-dollar rate.

Description of likely respondents:

Estimated number of respondents: 800.

Estimated frequency of responses: 1.

Estimated total annual reporting and

record keeping burden: 400 hours.

Estimated annual burden per

collection: 30 minutes.

Title: Payment Rate of Burial Benefits

for certain Filipino veterans of WWII.

Summary of collection of information:

In proposed 38 CFR 3.43, VA requests

information from survivors of certain

Filipinos ordered into service during

World War II to determine their

entitlement to VA burial benefits at the

full-dollar rate.

Description of the need for

information and proposed use of

information: The information is

necessary to determine the entitlement

survivors of certain Filipinos ordered

into service during World War II to VA

burial benefits at the full-dollar rate.

Description of likely respondents:

Estimated number of respondents: 250.

Estimated frequency of responses: 1.

Estimated total annual reporting and

record keeping burden: 375 hours.

Estimated annual burden per

collection: 90 minutes.

The Department considers comments

by the public on proposed collections of

information in—

• Evaluating whether the proposed

collections of information are necessary

for the proper performance of the

functions of the Department, including

whether the information will have

practical utility;

• Evaluating the accuracy of the

Department’s estimate of the burden of

the proposed collections of information,

including the validity of the

methodology and assumptions used;

• Enhancing the quality, usefulness,

and clarity of the information to be

collected; and

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66767

• Minimizing the burden of the

collections of information on those who

are to respond, including responses

through the use of appropriate

automated, electronic, mechanical, or

other technological collection

techniques or other forms of information

technology, e.g., permitting electronic

submission of responses.

OMB is required to make a decision

concerning the collections of

information contained in this proposed

rule between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication. This does not affect the

deadline for the public to comment on

the proposed rule.

Executive Order 12866

This document has been reviewed by

the Office of Management and Budget

Under Executive Order 12866.

Regulatory Flexibility Act

The Secretary hereby certifies that

this regulatory amendment will not

have a significant economic impact on

a substantial number of small entities as

they are defined in the Regulatory

Flexibility Act (RFA), 5 U.S.C. 601–612.

The reason for this certification is that

these amendments would not directly

affect any small entities. Only VA

beneficiaries could be directly affected.

Therefore, under 5 U.S.C. 605(b), these

amendments are exempt from the initial

and final regulatory flexibility analysis

requirements of 5 U.S.C. 603 and 604.

Catalog of Federal Domestic Assistance

Program Numbers

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: October 5, 2001.

Anthony J. Principi,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 3 is to be

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.

§§ 3.8 and 3.9 [Redesignated as §§ 3.40

and 3.41]

2. Sections 3.8 and 3.9 are

redesignated as §§ 3.40 and 3.41,

respectively, under the undesignated

center heading ‘‘General’’.

3. In chapter 1, remove all crossreferences to ‘‘§ 3.8’’ and ‘‘§ 3.9’’ and

add, in their place, ‘‘§ 3.40’’ and ‘‘

§ 3.41’’ respectively.

4. In newly redesignated § 3.40,

paragraph (c)(1) the last sentence of

paragraph (c)(1) is revised to read as

follows:

§ 3.40 Philippine and Insular Forces.

* * * * *

(c) * * *

(1) * * *Except as provided in

§§ 3.42 and 3.43, benefits based on

service described in this paragraph are

payable at a rate of $0.50 for each dollar

authorized under the law.

* * * * *

5. A new § 3.42 is added under

‘‘General’’ to read as follows:

§ 3.42 Compensation at the full-dollar rate

for certain Filipino veterans residing in the

United States.

(a) Definitions. For purposes of this

section:

(1) United States (U.S.) means the

states, territories and possessions of the

United States; the District of Columbia,

and the Commonwealth of Puerto Rico.

(2) Residing in the U.S. means that an

individual’s principal, actual dwelling

place is in the U.S. and that the

individual meets the residency

requirements of paragraph (c)(4) of this

section.

(3) Citizen of the U.S. means any

individual who acquires U.S.

citizenship through birth in the

territorial U.S., birth abroad as provided

under title 8, United States Code, or

through naturalization, and has not

renounced his or her U.S. citizenship, or

had such citizenship cancelled,

revoked, or otherwise terminated.

(4) Lawfully admitted for permanent

residence means that an individual has

been lawfully accorded the privilege of

residing permanently in the U.S. as an

immigrant by the U.S. Immigration and

Naturalization Service under title 8,

United States Code, such status not

having changed.

(b) Eligibility requirements.

Compensation is payable at the fulldollar rate based on service described in

§ 3.40(c) or (d) to a veteran who is

residing in the United States (U.S.) and

is either:

(1) A citizen of the U.S., or

(2) An alien lawfully admitted for

permanent residence in the U.S.

(c) Evidence of eligibility for fulldollar rate benefits. (1) A valid original

or copy of one of the following

documents is required to prove that that

the veteran is a natural born citizen of

the U.S.:

(i) A valid U.S. passport;

(ii) A birth certificate showing that he

or she was born in the U.S.; or

(iii) A Report of Birth Abroad of a

Citizen of the U.S. issued by a U.S.

consulate abroad.

(2) Only verification by the U.S.

Immigration and Naturalization Service

to VA that a veteran is a naturalized

citizen of the U.S. will be sufficient

proof of such status.

(3) Only verification by the U.S.

Immigration and Naturalization Service

to VA that a veteran is an alien lawfully

admitted for permanent residence in the

U.S. will be sufficient proof of such

status.

(4) VA will not pay benefits at the

full-dollar rate under this section if the

veteran’s mailing address is a Post

Office box, unless evidence from the

U.S. Postal Service shows that it does

not deliver mail to the veteran’s street

address. In order to pay benefits at the

full-dollar rate, evidence (such as a

driver’s license, lease agreement, utility

bills) must establish that the veteran is

residing at a valid street address in the

U.S. and receiving mail at that address.

(d) Continued eligibility. (1) In order

to continue receiving benefits at the fulldollar rate under this section, a veteran

must be physically present in the U.S.

for at least 183 days of each calendar

year in which he or she receives

payments at the full-dollar rate, and

may not be absent from the U.S. for

more than 60 consecutive days at a time.

However, if a veteran becomes eligible

for full-dollar rate benefits on an initial

basis, on or after July 1 of any calendar

year, the 183-day rule will not apply

during that calendar year. VA will not

consider a veteran to have been absent

from the U.S. if he or she left and

returned to the U.S. on the same date.

(2) A veteran receiving benefits at the

full-dollar rate under this section must

notify VA within 30 days of leaving the

U.S. or within 30 days if he or she loses

either his or her U.S. citizenship or

lawful permanent resident alien status.

When a veteran no longer meets the

eligibility requirements of paragraph (a)

of this section, VA will reduce his or her

payment to the rate of $0.50 for each

dollar authorized under the law,

effective on the date determined under

§ 3.505. If such veteran regains his or

her U.S. citizenship or lawful

66768 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

permanent resident alien status, VA will

restore full-dollar rate benefits, effective

the date the veteran meets the eligibility

requirements in § 3.42.

(3) When requested to do so by VA,

a veteran receiving benefits at the fulldollar rate under this section must

verify that he or she continues to meet

the residency and citizenship/

permanent-resident-alien status

requirements of paragraph (b). VA will

advise the veteran at the time of the

request that the verification must be

furnished within 60 days and that

failure to do so will result in the

reduction of benefits. If the veteran fails

to furnish the evidence within 60 days,

VA will reduce his or her payment to

the rate of $0.50 for each dollar

authorized, as provided in § 3.652.

(4) A veteran receiving benefits at the

full-dollar rate under this section must

promptly notify VA of any change of his

or her address. If mail from VA to the

veteran is returned to VA by the U.S.

Postal Service, VA will reduce his or her

payment to the rate of $0.50 for each

dollar authorized under law, effective

on the date determined under § 3.505.

(e) Effective date for restored

eligibility. In the case of a veteran

receiving benefits at the full-dollar rate,

if his or her payments are reduced to the

rate of $0.50 for each dollar authorized

under the law, VA will resume

payments at the full-dollar rate, if

otherwise in order, effective the first day

of the month following the date on

which he or she again meets the

requirements. However, such increased

payments will be retroactive no more

than one year prior to the date on which

VA receives evidence that he or she

again meets the requirements. If

payments are reduced based on an

absence from the U.S. of 183 or more

days during a calendar year, VA will not

resume payments at the full-dollar rate

before the first day of the following

calendar year.

(Authority: 38 U.S.C. 107, 501(a))

6. A new § 3.43 is added to under

‘‘General’’ read as follows:

§ 3.43 Burial benefits at the full-dollar rate

for certain Filipino veterans residing in the

United States on the date of death.

(a) Definitions. For purposes of this

section:

(1) United States (U.S.) means the

states, territories and possessions of the

United States, the District of Columbia,

and the Commonwealth of Puerto Rico.

(2) Residing in the U.S. means an

individual’s principal, actual dwelling

place was in the U.S. When death

occurs outside the U.S., VA will

consider the deceased individual to

have been residing in the U.S. on the

date of death if the individual

maintained his or her principal actual

dwelling place in the U.S. until his or

her most recent departure from the U.S.,

and he or she had been physically

absent from the U.S. less than 61

consecutive days when he or she died.

(3) Citizen of the U.S. means any

individual who acquires U.S.

citizenship through birth in the

territorial U.S., birth abroad as provided

under title 8, United States Code, or

through naturalization, and has not

renounced his or her U.S. citizenship, or

had such citizenship cancelled,

revoked, or otherwise terminated.

(4) Lawfully admitted for permanent

residence means that the individual was

lawfully accorded the privilege of

residing permanently in the U.S. as an

immigrant by the U.S. Immigration and

Naturalization Service, and on the date

of death, still had this status.

(b) Payment of burial benefits at the

full-dollar rate. VA will pay burial

benefits under chapter 23 of title 38,

United States Code, at the full-dollar

rate, based on service described in

§ 3.40(c) or (d), when an individual who

performed such service dies after

November 1, 2000, and was on the date

of death:

(1) Residing in the U.S.; and

(2) Either—

(i) A citizen of the U.S., or

(ii) An alien lawfully admitted for

permanent residence in the U.S.; and

(3) Either—

(i) Receiving compensation under

chapter 11 of title 38, United States

Code; or

(ii) Would have satisfied the

disability, income and net worth

requirements of § 3.3(a)(3) of this part

and would have been eligible for

pension if the veteran’s service had been

deemed to be active military, naval, or

air service.

(c) Evidence of eligibility. (1) In a

claim for full-dollar rate burial

payments based on the deceased veteran

having been a natural born citizen of the

U.S., a valid original or copy of one of

the following documents is required:

(i) A valid U.S. passport;

(ii) A birth certificate showing that he

or she was born in the U.S.; or

(iii) A Report of Birth Abroad of a

Citizen of the U.S. issued by a U.S.

consulate abroad.

(2) In a claim based on the deceased

veteran having been a naturalized

citizen of the U.S., only verification of

that status by the U.S. Immigration and

Naturalization Service to VA will be

sufficient proof for purposes of

eligibility for full-dollar rate benefits.

(3) In a claim based on the deceased

veteran having been an alien lawfully

admitted for permanent residence in the

U.S., only verification of that status by

the U.S. Immigration and Naturalization

Service to VA will be sufficient proof for

purposes of eligibility for full-dollar rate

benefits.

(4) In a claim for burial benefits at the

full-dollar rate, evidence (which may

include, for example, a driver’s license,

lease agreement or utility bills) must

establish that the deceased veteran was,

on the date of death, residing at a valid

street address in the U.S.

(Authority: 38 U.S.C. 107, 501(a))

7. A new § 3.405 is added under

‘‘Effective Dates’’to read as follows:

§ 3.405 Filipino veterans; benefits at the

full-dollar rate.

For veterans who met the eligibility

requirements in § 3.42 on October 27,

2000, and maintained such eligibility

continuously from that date to the date

of an administrative determination of

entitlement, the effective date of awards

of compensation at the full-dollar rate

will be October 27, 2000. For all other

veterans, awards of compensation for

Filipino veterans under § 3.42 will be

effective on the latest of the dates stated

in this section:

(a) Date entitlement arose;

(b) Date on which the veteran first met

the residency and citizenship/

permanent-resident-alien status

requirements in § 3.42, if VA receives

evidence of this within 1 year of that

date;

(c) Effective date of the rating

establishing service connection,

provided VA receives evidence that the

veteran meets the residency and

citizenship/ permanent-resident-alien

status requirements in § 3.42 within 1

year of notification of such rating action;

(d) Date the veteran returned to the

United States after absence of more than

60 consecutive days; or

(e) First day of the year following the

year in which the veteran was absent

from the United States for a total of 183

days or more, or the first day after that

date that the veteran returns to the

United States.

(Authority: 38 U.S.C. 107)

8. A new § 3.505 is added under

‘‘Reductions and Discontinuances’’ to

read as follows:

§ 3.505 Filipino veterans; benefits at the

full-dollar rate.

The effective date of discontinuance

of compensation for Filipino veterans

under § 3.42 will be the earliest of the

dates stated in this section. Where an

award is reduced, the reduced rate will

be payable the day following the date of

discontinuance of the greater benefit.

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66769

(a) If a veteran receiving benefits at

the full-dollar rate under § 3.42 is

physically absent from the U.S. for a

total of 183 days or more during any

calendar year, VA will reduce

compensation to the rate of $0.50 for

each dollar authorized under the law,

effective on the 183rd day of absence

from the U.S.

(b) If a veteran receiving benefits at

the full-dollar rate under § 3.42 is

physically absent from the U.S. for more

than 60 consecutive days, VA will

reduce his or her compensation to the

rate of $0.50 for each dollar authorized

under the law, effective on the 61st day

of the absence.

(c) If a veteran receiving benefits at

the full-dollar rate under § 3.42 loses

either U.S. citizenship or status as an

alien lawfully admitted for permanent

residence in the U.S., VA will reduce

the compensation to the rate of $0.50 for

each dollar authorized under the law,

effective on the day he or she no longer

satisfies one of these criteria.

(d) If mail to a veteran receiving

benefits at the full-dollar rate under

§ 3.42 is returned to VA by the U.S.

Postal Service, VA will reduce his or her

payment to the rate of $0.50 for each

dollar authorized under law, effective

on the date of the last payment of

compensation benefits.

(Authority: 38 U.S.C. 107)

[FR Doc. 01–31828 Filed 12–26–01; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

Approval and Promulgation of

Implementation Plans

CFR Correction

In Title 40 of the Code of Federal

Regulations, part 52 (§ § 52.01 to

52.1018), revised as of July 1, 2001,

§ 52.120 is corrected by removing

paragraph (c)(94)(i)(E).

[FR Doc. 01–55534 Filed 12–26–01; 8:45 am]

BILLING CODE 1505–01–D

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

Regulation of Fuels and Fuel Additives

CFR Correction

In Title 40 of the Code of Federal

Regulations, Parts 72 to 80, revised as of

July 1, 2001, § 80.81 is corrected by

revising paragraph (a) to read as follows:

§ 80.81 Enforcement exemptions for

California gasoline.

* * * * *

(a) The requirements of subparts D, E,

F and J of this part are modified in

accordance with the provisions

contained in this section in the case of

California gasoline.

* * * * *

[FR Doc. 01–55535 Filed 12–26–01; 8:45 am]

BILLING CODE 1505–01–D

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 153 and 180

[OPP–301026A; FRL–6813–6]

RIN 2070–AB78

Pesticide Chemicals Not Requiring a

Tolerance or an Exemption from a

Tolerance; Rhodamine B; Revocation

of Unlimited Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This final rule creates a new

subpart E in 40 CFR part 180. This

subpart will be titled: Pesticide

Chemicals Not Requiring a Tolerance or

an Exemption from a Tolerance. It will

contain a list of the pesticide chemicals

(including, as appropriate, their

limitations and use patterns) for which

the Agency has determined that neither

a tolerance nor an exemption from the

requirement of a tolerance is needed

under the Federal Food, Drug, and

Cosmetic Act (FFDCA). The Agency is

acting on its own initiative. This

document also revokes the unlimited

tolerance exemption for the inert

ingredient Rhodamine B in 40 CFR

180.1001 (c), and amends by timelimiting the unlimited tolerance

exemption for Rhodamine B in 40 CFR

180.1001 (e). These regulatory actions

are part of the tolerance reassessment

requirements of the Federal Food, Drug,

and Cosmetic Act (FFDCA) section

408(q), as amended by the Food Quality

Protection Act (FQPA) of 1996. By law,

EPA is required to reassess 66% of the

tolerances in existence on August 2,

1996, by August 2002, or about 6,400

tolerances. The regulatory actions taken

in this document, would be counted

toward the August 2002 deadline.

DATES: This final rule is effective on

December 27, 2001.

FOR FURTHER INFORMATION CONTACT:

Kathryn Boyle , Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: (703)

305–6304; fax number: (703) 305–0599;

e-mail address: boyle.kathryn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action if you are an agricultural

producer, food manufacturer, or

pesticide manufacturer. Potentially

affected categories and entities may

include, but are not limited to:

Categories NAICS

codes

Examples of potentially affected entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in this table could

also be affected. The North American

Industrial Classification System

(NAICS) codes are provided to assist

you and others in determining whether

or not this action might apply to certain

entities. If you have questions regarding

the applicability of this action to a

particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/. A frequently

updated electronic version of 40 CFR

parts 153 and 180 are available at: http:/

/www.access.gpo.gov/nara/cfr/

cfrhtml_153/Title_40/40cfr153_00.html

and http://www.access.gpo.gov/nara/

cfr/cfrhtml_180/Title_40/

40cfr180_00.html, a beta site currently

under development.

2. In person. The Agency has

established an official record for this