Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Proposed Rules 13461

because the bridges have opened only

one time from 1999 through 2001.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed rule would have

a significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under

section 5 U.S.C. 605(b), that this

proposed rule would not have a

significant economic impact on a

substantial number of small entities.

This conclusion is based upon the fact

that the closure of the bridges should

have no significant impact on

navigation because the bridges have

opened only one time from 1999

through 2001.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Collection of Information

This proposed rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520.).

Federalism

We have analyzed this proposed rule

under Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would not effect a

taking of private property or otherwise

have taking implications under

Executive Order 12630, Governmental

Actions and Interference with

Constitutionally Protected Property

Rights.

Civil Justice Reform

This proposed rule meets applicable

standards in sections 3(a) and 3(b)(2) of

E.O. 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this proposed rule

under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation

because promulgation of drawbridge

regulations have been found not to have

a significant effect on the environment.

A written ‘‘Categorical Exclusion

Determination’’ is not required for this

rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); § 117.255 also issued under

the authority of Pub. L. 102–587, 106 Stat.

5039.

2. From May 15, 2001 through August

15, 2001, § 117.789 is temporarily

amended by suspending paragraph (c)

and adding a new paragraph (g) to read

as follows:

§ 117.789 Harlem River.

* * * * *

(g) The draws of the bridges at 103rd

Street, mile 0.0, Willis Avenue, mile 1.5,

3rd Avenue, mile 1.9, Madison Avenue,

mile 2.3, 145th Street, mile 2.8,

Macombs Dam, mile 3.2, and 207th

Street, mile 6.0, shall open on signal

from 10 a.m. to 5 p.m. if at least a fourhour advance notice is given to the New

York City Highway Radio (Hotline)

Room. The two Broadway bridges, mile

6.8, need not open for vessel traffic.

Dated: February 20, 2001.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 01–5442 Filed 3–5–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AK01

Compensated Work Therapy/

Transitional Residences Program

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend VA’s medical regulations to

establish provisions regarding housing

under the Compensated Work Therapy/

Transitional Residences program. These

provisions are designed to ensure

proper management, ensure reasonable

payment rates for residents, and ensure

that residents stay only for the time

necessary to meet the intended goals.

DATES: Comments must be received by

VA on or before May 7, 2001.

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–

AK01.’’ All comments received will be

available for public inspection in the

Office of Regulations Management,

Room 1158, between the hours of 8 a.m.

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

(except holidays).

FOR FURTHER INFORMATION CONTACT:

Jamie Ploppert, Program Specialist,

Office of Psychosocial Rehabilitation

Services (116D), Veterans Health

Administration, 757–722–9961, ext.

1123 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: This

document proposes to amend VA’s

Medical regulations to establish

provisions regarding housing under the

Compensated Work Therapy/

Transitional Residences program. This

VA program is a psychosocial

rehabilitation program of therapeutic

work and transitional housing. This

program is designed for veterans with

13462 Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Proposed Rules

physical and/or mental disabilities. It

utilizes normalized work and residential

living environments, along with peer

and professional support, to improve

vocational, social, and independent

living skills.

Under the provisions of 38 U.S.C.

1772, VA must prescribe the

qualifications for house managers, make

provision for reasonable payment rates

for residents, and establish limits on the

length of stay for residents.

House Managers

The proposed rule provides that

house managers shall be selected by the

local VA program coordinator and will

be responsible for coordinating and

supervising the day-to-day operation of

the facility. The proposed rule also sets

forth qualifications for house managers.

These qualifications are designed to

foster effective management of the

residence. Further, consistent with

specific authority in 38 U.S.C. 1772(d),

house managers would be exempt from

the residence fee.

Resident Must Be in Program

The proposed rule states that each

resident, except for a house manager,

must be in the Compensated Work

Therapy/Transitional Residences

program. This reflects statutory

requirements in 38 U.S.C. 1772.

Resident’s Payment

The proposed rule sets forth criteria

for establishing the amount to be paid

by residents. The fee is based on the

cost of utilities, maintenance,

furnishings, appliances, service

equipment, all other operating costs,

plus an additional 15 percent of such

operating expenses. Our experience has

demonstrated that this would

approximately equal the amount to be

expended. The additional 15 percent

would cover unexpected costs.

Further, we propose that the fee

would be the same for each resident

except that a resident shall not on

average pay more than 30 percent of

their gross weekly earnings. This

percentage is what low-income

subsidized housing uses in determining

its rental fees. Further, our experience

with the Compensated Work Therapy/

Transitional Residences program has

demonstrated that 30 percent of income

would be adequate to cover housing

expenses. The limitation of 30 percent

also would help to ensure that residents

have sufficient funds to meet their other

living expenses as well as to help

prepare for a successful transition to

independent living.

Also, to help ensure that there is

money to cover operating expenses

when due, the proposal states that a

resident’s fee must be paid bi-weekly in

advance.

The proposed rule also contains a

mechanism for the transfer of funds

from the medical center of jurisdiction

if necessary for the residence to obtain

fiscal solvency.

Resident’s Length of Stay

We propose that the length of stay in

the housing be based on the individual

needs of each veteran in consensus with

his/her clinical treatment team.

However, we also propose that the

length of stay not exceed 12 months. We

believe this period of time to be

sufficient to address the veterans’

psychosocial rehabilitative needs before

their transition to independent living.

OMB Review

This document has been reviewed by

the Office of Management and Budget

under Executive Order 12866.

Paperwork Reduction Act

This document contains no provisions

constituting a collection of information

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

Regulatory Flexibility Act

The Secretary hereby certifies that the

adoption of this proposed rule would

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

document affects individuals and does

not affect small entities. Therefore,

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

proposed rule is exempt from the initial

and final regulatory flexibility analysis

requirement of sections 603 and 604.

List of Subjects in 38 CFR Part 17

Administrative practice and

procedure, Alcohol abuse, Alcoholism,

Claims, Day care, Dental health, Drug

abuse, Foreign relations, Government

contracts, Grant programs-health,

Government programs-veterans, Health

care, Health facilities, Health

professions, Health records, Homeless,

Incorporation by reference; Medical and

dental schools, Medical devices,

Medical research, Mental health

programs, Nursing home care,

Philippines, Reporting and

recordkeeping requirements,

Scholarships and fellowships, Travel

and transportation expenses, Veterans.

Approved: February 15, 2001.

Anthony J. Principi,

Acting Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 17 is proposed to

be amended to read as follows:

PART 17—MEDICAL

1. The authority citation for part 17

continues to read as follows:

Authority: 38 U.S.C. 501, 1721, unless

otherwise noted.

2. Redesignate § 17.49 as new § 17.48.

3. Add a new § 17.49 to read as

follows:

§ 17.49 Compensated Work Therapy/

Transitional Residences program.

(a) This section sets forth

requirements for persons residing in

housing under the Compensated Work

Therapy/Transitional Residences

program.

(b) House managers shall be

responsible for coordinating and

supervising the day-to-day operations of

the facilities. Each house manager shall

be appointed as a without-compensation

employee. The local VA program

coordinator shall select each house

manager and may give preference to an

individual who is a current or past

resident of the facility or the program.

A house manager must have the

following qualifications:

(1) A stable, responsible and caring

demeanor;

(2) Leadership qualities including the

ability to motivate;

(3) Effective communication skills

including the ability to interact;

(4) A willingness to accept feedback;

(5) A willingness to follow a chain of

command.

(c) Each resident admitted to the

Transitional Residence, except for a

house manager, must also be in the

Compensated Work Therapy program.

(d) Each resident, except for a house

manager, must bi-weekly, in advance,

pay a fee to VA for living in the housing.

The local VA program coordinator will

establish the fee for each resident in

accordance with the provisions of

paragraph (d)(1) of this section.

(1) The total amount of actual

operating expenses of the residence

(utilities, maintenance, furnishings,

appliances, service equipment, all other

operating costs) for the previous fiscal

year plus 15 percent of that amount

equals the total operating budget for the

current fiscal year. The total operating

budget is to be divided by the average

number of beds occupied during the

previous fiscal year and the resulting

amount is the average yearly amount per

bed. The bi-weekly fee shall equal to 1⁄26

of the average yearly amount per bed,

except that a resident shall not, on

average, pay more than 30 percent of

their gross CWT (Compensated Work

Therapy) bi-weekly earnings. The VA

program manager shall, bi-annually,

conduct a review of the factors in this

Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Proposed Rules 13463

paragraph for determining resident

payments. If he or she determines that

the payments are too high or too low by

more than 5 percent of the total

operating budget, he or she shall

recalculate resident payments under the

criteria set forth above, except that the

calculations shall be based on the

current fiscal year (actual amounts for

the elapsed portion and projected

amounts for the remainder).

(2) If the revenues of a residence do

not meet the expenses of the residence

resulting in an inability to pay actual

operating expenses, the medical center

of jurisdiction shall provide the funds

necessary to return the residence to

fiscal solvency in accordance with the

provisions of this section.

(e) The length of stay in housing

under the Compensated Work Therapy/

Transitional Residences program is

based on the individual needs of each

resident, as determined by consensus of

the resident and his/her VA Clinical

Treatment team. However, the length of

stay should not exceed 12 months.

(Authority: 38 U.S.C. 1772)

[FR Doc. 01–5404 Filed 3–5–01; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 19

RIN 2900–AK62

Appeals Regulations: Title for

Members of the Board of Veterans’

Appeals

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the Department of Veterans

Affairs’ (VA) Appeals Regulations to

provide that a Member of the Board of

Veterans’ Appeals (Board) may also be

known as a Veterans Law Judge. A

companion document in the ‘‘Rules and

Regulations’’ section of this issue of the

Federal Register contains other actions

regarding this matter.

DATES: Comments must be received on

or before May 7, 2001.

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–

AK62.’’ 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:

Steven L. Keller, Senior Deputy Vice

Chairman (01C), Board of Veterans’

Appeals, Department of Veterans

Affairs, 810 Vermont Avenue, NW.,

Washington, DC 20420 (202–565–5978).

SUPPLEMENTARY INFORMATION: The Board

is an administrative body that decides

appeals from denials of claims for

veterans’ benefits, after an opportunity

for a hearing. There are currently 59

Board ‘‘Members,’’ who decide 35,000

to 40,000 such appeals per year.

Board Members other than the

Chairman are appointed by the

Secretary of Veterans Affairs, with the

approval of the President of the United

States, 38 U.S.C. 7101A(a)(1), and must

be licensed attorneys, 38 U.S.C.

7101A(a)(2). Board Members are

compensated at rates equivalent to the

rates payable to Administrative Law

Judges. 38 U.S.C. 7101A(b).

In a document published in the

Federal Register on September 14, 2000

(65 FR 55461), we amended VA’s

Appeals Regulations by providing that a

Member of the Board may also be

known as a Veterans Law Judge.

Consistent with legal authority, we

published the amendment without

providing an opportunity for noticeand-comment. Six veterans service

organizations in a letter to the Acting

Secretary opposed the amendment and

argued that they should have been

provided an opportunity to comment

before we made such a change. Under

these circumstances, in a companion

document in the ‘‘Rules and

Regulations’’ section of this issue of the

Federal Register we rescinded the

amendment. However, in this document

we are proposing to amend the

regulations to again provide that a

Member of the Board may also be

known as a Veterans Law Judge.

This proposal to allow the use of the

title Veterans Law Judge is based on the

following analyses.

Throughout the Executive Branch,

individuals who decide appeals at the

administrative level after the

opportunity for a hearing—as do Board

Members—are known as ‘‘judges.’’ E.g.,

‘‘Administrative Law Judges,’’ 5 U.S.C.

3105; ‘‘Administrative Appeals Judges’’

at the Benefits Review Board at the

Department of Labor, 20 CFR 801.2;

‘‘Administrative Judges’’ at The

Financial Assistance Appeals Board of

the Department of Energy, 10 CFR

1024.3; ‘‘Administrative Judges’’ at the

Equal Employment Opportunity

Commission, 29 CFR 1614.109;

‘‘Administrative Judges’’ at the

Personnel Appeals Board of the General

Accounting Office, 4 CFR 28.3;

‘‘Administrative Judges’’ at the Merit

Systems Protection Board, 5 CFR

1201.4; ‘‘Administrative Judges’’ at the

National Aeronautics and Space

Administration, 14 CFR 1259.404; and

‘‘Administrative Judges’’ at the Office of

Hearings and Appeals, Small Business

Administration, 13 CFR 134.101. See

also ‘‘Administrative Appeals Judges’’ at

the Office of Hearings and Appeals of

the Social Security Administration, 20

CFR 416.924(g) (decide appeals from

decisions of administrative law judges,

but without the opportunity for a

hearing); ‘‘Immigration Judges’’ at the

Executive Office for Immigration

Review in the Department of Justice, 8

CFR 1.1(l) (initial decisions in

immigration cases).

In our view, the title Veterans Law

Judge would convey a Board Member’s

function to veterans more accurately

than the term ‘‘Member.’’ In addition,

we believe that the title would enhance

the confidence of veterans in the

administrative appellate process by

providing recognition that appeals in

the VA system are adjudicated by legal

professionals, as are benefit appeals in

other administrative systems.

The letter from the six veterans

service organizations asserted that VA

could not accomplish through

regulation what Congress chose not to

do by statute. We are aware of no legal

authority to support this view. The

letter from the six veterans service

organizations also opposed the

proposed change by arguing that the

title Veterans Law Judge ‘‘will

intimidate veterans and could lead them

to believe the agency is more concerned

with formality rather than deciding

claims in a non-adversarial setting.’’ The

comments from the six veterans service

organizations will be considered in

connection with any other comments

received in response to this proposed

rule.

Paperwork Reduction Act

This document contains no provisions

constituting a collection of information

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

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 proposed rule would not have a