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6958 Federal Register / Vol. 72, No.

30 / Wednesday, February 14, 2007 / Rules and Regulations

compliance with financial integrity, financial home-schooled. VA defines educational Executive Order 12866
reporting, sales practice, recordkeeping, and institutions to include home-school
other requirements); and the conduct of Executive Order 12866 directs
programs that meet the legal agencies to assess all costs and benefits
investigations;
requirements of the States (by of available regulatory alternatives and,
(C) Review the size and allocation of the
regulatory budget and resources; and the complying with the compulsory when regulation is necessary, to select
number, hiring and termination, and attendance laws of the States) in which regulatory approaches that maximize
compensation of regulatory personnel; they are located. The proposed rule net benefits (including potential
(D) Supervise the contract market’s chief published in the Federal Register on economic, environmental, public health
regulatory officer, who will report directly to July 13, 2006, is adopted as final,
the ROC;
and safety, and other advantages;
without change. distributive impacts; and equity). The
(E) Prepare an annual report assessing the
DATES: Effective Date: March 16, 2007. Executive Order classifies a ‘‘significant
contract market’s self-regulatory program for
the board of directors and the Commission, FOR FURTHER INFORMATION CONTACT: regulatory action,’’ requiring review by
which sets forth the regulatory program’s Maya Ferrandino, Regulations Staff, OMB unless OMB waives such review,
expenses, describes its staffing and structure, Compensation and Pension Service, as any regulatory action that is likely to
catalogues disciplinary actions taken during Veterans Benefits Administration, result in a rule that may: (1) Have an
the year, and reviews the performance of Department of Veterans Affairs, 810 annual effect on the economy of $100
disciplinary committees and panels;
Vermont Avenue, NW., Washington, DC million or more or adversely affect in a
(F) Recommend changes that would ensure
fair, vigorous, and effective regulation; and 20420, (202) 273–7210. material way the economy, a sector of
(G) Review regulatory proposals and advise SUPPLEMENTARY INFORMATION: In a the economy, productivity, competition,
the board as to whether and how such document published in the Federal jobs, the environment, public health or
changes may impact regulation. Register on July 13, 2006, (71 FR safety, or State, local, or tribal
(4) Disciplinary Panels 39616), VA proposed to amend its governments or communities; (2) Create
All contract markets shall minimize regulations regarding the definition of a a serious inconsistency or otherwise
conflicts of interest in their disciplinary interfere with an action taken or
processes through disciplinary panel
child for purposes of establishing
composition rules that preclude any group or entitlement to additional monetary planned by another agency; (3)
class of industry participants from benefits for a child who is home- Materially alter the budgetary impact of
dominating or exercising disproportionate schooled. VA defined educational entitlements, grants, user fees, or loan
influence on such panels. Contract markets institutions and included home-school programs or the rights and obligations of
can further minimize conflicts of interest by programs that meet the legal recipients thereof; or (4) Raise novel
including in all disciplinary panels at least requirements of the States (by legal or policy issues arising out of legal
one person who would qualify as a public complying with the compulsory mandates, the President’s priorities, or
director, as defined in Subsections (2)(ii) and the principles set forth in the Executive
(2)(iii) above, except in cases limited to
attendance laws of the States) in which
decorum, attire, or the timely submission of they are located. Order.
accurate records required for clearing or The 60-day public comment period The economic, interagency,
verifying each day’s transactions. If contract ended on September 11, 2006. One budgetary, legal, and policy
market rules provide for appeal to the board comment was received from the Home implications of this final rule have been
of directors, or to a committee of the board, School Legal Defense Association and it examined, and it has been determined
then that appellate body shall also include at supported the rule change. to be a significant regulatory action
least one person who would qualify as a Based on the rationale set forth in the under the Executive Order because it is
public director as defined in Subsections proposed rule and the rationale likely to result in a rule that may raise
(2)(ii) and (2)(iii) above.
contained in this document, we are novel legal or policy issues arising out
* * * * * adopting the provisions of the proposed of legal mandates, the President’s
Issued in Washington, DC, on January 31, rule as a final rule without change. priorities, or the principles set forth in
2007 by the Commission. the Executive Order.
Paperwork Reduction Act
Eileen A. Donovan,
The collection of information under Unfunded Mandates
Acting Secretary of the Commission.
[FR Doc. E7–2528 Filed 2–13–07; 8:45 am] the Paperwork Reduction Act (44 U.S.C. The Unfunded Mandates Reform Act
3501–3521) referenced in this final rule of 1995 requires, at 2 U.S.C. 1532, that
BILLING CODE 6351–01–P
has an existing Office of Management agencies prepare an assessment of
and Budget (OMB) approval as a form. anticipated costs and benefits before
The form is VA Form 21–674, Request issuing any rule that may result in the
DEPARTMENT OF VETERANS for Approval of School Attendance, expenditure by State, local, and tribal
AFFAIRS OMB approval number 2900–0049. No governments, in the aggregate, or by the
38 CFR Part 3 changes are made in this final rule to private sector, of $100 million or more
the collection of information. (adjusted annually for inflation) in any
RIN 2900–AM37 one year. This final rule would have no
Regulatory Flexibility Act
such effect on State, local, and tribal
Home Schooling and Educational The Secretary hereby certifies that governments, or on the private sector.
Institution this final rule will not have a significant
economic impact on a substantial Catalog of Federal Domestic Assistance
AGENCY: Department of Veterans Affairs. Numbers and Titles
ACTION: Final rule. number of small entities as they are
defined in the Regulatory Flexibility The Catalog of Federal Domestic
SUMMARY: The Department of Veterans Act, 5 U.S.C. 601–612. This final rule Assistance program numbers and titles
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Affairs (VA) is amending its would not affect any small entities. for this final rule are 64.104 Pension for
adjudication regulation regarding the Therefore, pursuant to 5 U.S.C. 605(b), Non-Service-Connected Disability for
definition of a child for purposes of this final rule is exempt from the initial Veterans, 64.105 Pension to Veterans
establishing entitlement to additional and final regulatory flexibility analysis Surviving Spouses, and Children,
monetary benefits for a child who is requirements of sections 603 and 604. 64.109 Veterans Compensation for

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Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Rules and Regulations 6959

Service-Connected Disability, and DEPARTMENT OF VETERANS priorities established by Congress and


64.110 Veterans Dependency and AFFAIRS was needed on an expedited basis
Indemnity Compensation for Service- because the prior version of the
Connected Death. 38 CFR Part 59 regulation may have precluded VA from
RIN 2900–AM42 funding life safety projects during Fiscal
List of Subjects in 38 CFR Part 3 Year 2007. While it is important to give
Priority for Partial Grants to States for States receiving partial grants priority
Administrative practice and
Construction or Acquisition of State for continued funding, the regulations
procedure, Claims, Disability benefits,
Home Facilities need to recognize the other priorities for
Health care, Pensions, Radioactive awarding State home grants including
materials, Veterans, Vietnam. AGENCY: Department of Veterans Affairs. the top priority for projects that protect
Approved: January 4, 2007. ACTION: Final rule. the lives and safety of veterans residing
R. James Nicholson, in existing State homes.
SUMMARY: This document adopts as a
Secretary of Veterans Affairs. final rule, without change, an interim Unfunded Mandates
■ For the reasons set out in the final rule amending the Department of The Unfunded Mandates Reform Act
preamble, VA amends 38 CFR part 3 as Veterans Affairs (VA) regulations of 1995 requires, at 2 U.S.C. 1532, that
follows: regarding grants to States for agencies prepare an assessment of
construction or acquisition of State anticipated costs and benefits before
PART 3—ADJUDICATION homes. The amendment was necessary issuing any rule that may result in an
to ensure that projects designed to expenditure by the State, local, and
■ 1. The authority citation for part 3, remedy conditions at an existing State tribal governments, in the aggregate, or
subpart A continues to read as follows: home that have been cited as by the private sector, of $100 million or
threatening to the lives or safety of the more (adjusted annually for inflation) in
Authority: 38 U.S.C. 501(a), unless residents receive priority for receiving any given year. This final rule will have
otherwise noted. no such effect on State, local, and tribal
VA grants in the future (including in
Fiscal Year 2007). governments, or on the private sector.
■ 2. Revise § 3.57(a)(1)(iii) to read as
follows: DATES: Effective Date: February 14, Executive Order 12866
2007.
Executive Order 12866 directs
§ 3.57 Child. FOR FURTHER INFORMATION CONTACT: agencies to assess all costs and benefits
(a) * * * Frank Salvas, Chief, State Home of available regulatory alternatives and,
Construction Grant Program (114), when regulation is necessary, to select
(1) * * *
Veterans Health Administration, regulatory approaches that maximize
(iii) Who, after reaching the age of 18 Department of Veterans Affairs, 810 net benefits (including potential
years and until completion of education Vermont Ave., NW., Washington, DC economic, environmental, public health
or training (but not after reaching the 20420, 202–273–8534. and safety, and other advantages;
age of 23 years) is pursuing a course of SUPPLEMENTARY INFORMATION: An distributive impacts; and equity). The
instruction at an educational institution interim final rule amending VA’s Executive Order classifies a ‘‘significant
approved by the Department of Veterans regulations regarding grants to States for regulatory action,’’ requiring review by
Affairs. For the purposes of this section construction or acquisition of State the Office of Management and Budget
and § 3.667, the term ‘‘educational homes was published in the Federal (OMB) unless OMB waives such review,
institution’’ means a permanent Register on August 11, 2006 (71 FR as any regulatory action that is likely to
organization that offers courses of 46103). result in a rule that may: (1) Have an
instruction to a group of students who We provided a 60-day comment annual effect on the economy of $100
meet its enrollment criteria, including period that ended on October 10, 2006. million or more or adversely affect in a
schools, colleges, academies, No comments were received. Based on material way the economy, a sector of
seminaries, technical institutes, and the rationale set forth in the interim the economy, productivity, competition,
universities. The term also includes final rule, we now adopt the interim jobs, the environment, public health or
home schools that operate in final rule as a final rule without change. safety, or State, local, or tribal
compliance with the compulsory governments or communities; (2) create
Administrative Procedure Act
attendance laws of the States in which a serious inconsistency or otherwise
This document, without change, interfere with an action taken or
they are located, whether treated as
affirms the amendment made by the planned by another agency; (3)
private schools or home schools under
interim final rule that is already in materially alter the budgetary impact of
State law. The term ‘‘home schools’’ is effect. The Secretary of Veterans Affairs entitlements, grants, user fees, or loan
limited to courses of instruction for concluded that, under 5 U.S.C. programs or the rights and obligations of
grades kindergarten through 12. 553(b)(3)(B), there was good cause to recipients thereof; or (4) raise novel
(Authority: 38 U.S.C. 101(4)(A), 104(a)) dispense with the opportunity for prior legal or policy issues arising out of legal
* * * * * comment with respect to this rule. The mandates, the President’s priorities, or
[FR Doc. E7–2466 Filed 2–13–07; 8:45 am]
Secretary found that it was the principles set forth in the Executive
impracticable, unnecessary, and Order.
BILLING CODE 8320–01–P
contrary to the public interest to delay The economic, interagency,
this regulation for the purpose of budgetary, legal, and policy
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soliciting prior public comment. implications of this final rule have been
Nevertheless, the Secretary invited examined and it has been determined to
public comment on the interim final be a significant regulatory action under
rule but did not receive any comments. the Executive Order because it is likely
The amendment was consistent with the to result in a rule that may raise novel

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