[Federal Register Volume 62, Number 140 (Tuesday, July 22, 1997)]
[Rules and Regulations]
[Pages 39119-39120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19220]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 32
[OJP(BJA)-1121]
RIN 1121-AA44
Federal Law Enforcement Dependents Assistance Program; Correction
AGENCY: Office of Justice Programs, Bureau of Justice Assistance,
Public Safety Officers' Benefits Office, Justice.
ACTION: Correction to final rule.
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SUMMARY: This document contains corrections to the final regulations
that were published Tuesday, July 15, 1997 (62 FR 37713). These
regulations were issued to comply with the Federal Law Enforcement
Dependents Assistance (FLEDA) Act of 1996.
DATES: This correction is effective July 22, 1997.
FOR FURTHER INFORMATION CONTACT: Jeff Allison, Chief, Public Safety
Officers' Benefits Office, 633 Indiana Avenue, NW., Washington, DC
20531. Telephone: (202) 307-0635.
SUPPLEMENTARY INFORMATION: The final regulations that are the subject
of these corrections were drafted in accordance with the Federal Law
Enforcement Dependents Assistance Act, Pub. L. 104-238, 110 Stat. 3114,
Oct. 3, 1996, which established a new subpart 2 in Part L of title I of
the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3796
et seq.) to provide financial assistance to the children and spouses of
Federal civilian law enforcement officers killed or permanently and
totally disabled in the line of duty.
Executive Order 12866
This regulation has been written and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Office of Justice Programs has determined that this rule is not a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review, and accordingly this rule has not
been reviewed by the Office of Management and Budget.
Executive Order 12612
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Regulatory Flexibility Act
The Office of Justice Programs, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by
approving it certifies that this regulation will not have a significant
economic impact upon a substantial number of small entities for the
following reasons: The FLEDA program will be administered by the Office
of Justice Programs, and any funds distributed under it shall be
distributed to individuals, not entities, and the economic impact is
limited to the Office of Justice Program's appropriated funds.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private section, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in cost or prices; or
[[Page 39120]]
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Paperwork Reduction Act
The collection of information requirements contained in the
proposed regulation will be submitted to the Office of Management and
Budget for review under the Paperwork Reduction Act (44 U.S.C.
3504(h)).
The Need for Correction
The following language was omitted from the comment section: In the
proposed rule, Sec. 32.35(b) allowed for exceptions to the requirement
that applications for retroactive assistance must be submitted within
five years of the last date the applicant pursued such program of
education. Upon further reflection, the phrase ``absent compelling
justification'' will be eliminated. Given the retroactive date
established by Congress, and the family notification process being
developed by the Bureau, it is difficult to envision circumstances
wherein an otherwise eligible student would not be able to submit their
application for retroactive assistance within five years after the last
date he or she pursued such program of education.
Correction of Publication
Accordingly, the publication on Tuesday, July 15, 1997, of the
final regulations at 62 FR 37713 is corrected as follows:
Sec. 32.35 [Corrected]
On page 37717, in the first column, in Sec. 32.35(b), at the
beginning of the second sentence remove, the words ``absent compelling
justification,''.
Nancy Gist,
Director, Bureau of Justice Assistance.
[FR Doc. 97-19220 Filed 7-21-97; 8:45 am]
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