30-Day FRN (2900-AR11 Final Rule)

Federal Register / Vol. 87, No. 94 / Monday, May 16, 2022 / Rules and Regulations
edge into the river as measured from the
LWRP. The outer boundary of the
anchorage is a line parallel to the
nearest bank 1,100 feet from the water’s
edge into the river as measured from the
LWRP.
Note 2 to paragraph (a)(7): Point Michel
and Diamond Revetments extend/run
adjacent to this anchorage. Mariners are
urged to use caution in this anchorage.

*

*
*
*
*
(9) Davant Anchorage. An area, 1.4
miles in length, along the left
descending bank of the river extending
from mile 52.5 to mile 53.9 Above Head
of Passes. The width of the anchorage is
800 feet.
*
*
*
*
*
(11) Wills Point Anchorage. An area,
1.1 miles in length, along the left
descending bank of the river extending
from mile 66.5 to mile 67.6 Above Head
of Passes. The width of the anchorage is
500 feet. The inner boundary of the
anchorage is a line parallel to the
nearest bank 200 feet from the water’s
edge into the river as measured from the
LWRP. The outer boundary of the
anchorage is a line parallel to the
nearest bank 700 feet from the water’s
edge into the river as measured from the
LWRP.
(12) Cedar Grove Anchorage. An area,
1.34 miles in length, along the right
descending bank of the river extending
from mile 69.56 to mile 70.9 Above
Head of Passes. The width of the
anchorage is 500 feet. The inner
boundary of the anchorage is a line
parallel to the nearest bank 200 feet
from the water’s edge into the river as
measured from the LWRP. The outer
boundary of the anchorage is a line
parallel to the nearest bank 700 feet
from the water’s edge into the river as
measured from the LWRP.

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Note 3 to paragraph (a)(12): Jesuit Bend
Revetment extends/runs adjacent to the
lower portion of this anchorage. Mariners are
urged to use caution in this anchorage.

(13) Belle Chasse Anchorage. An area,
2.15 miles in length, along the right
descending bank of the river extending
from mile 73.05 to mile 75.2 Above
Head of Passes. The width of the
anchorage is 500 feet. The inner
boundary of the anchorage is a line
parallel to the nearest bank 375 feet
from the water’s edge into the river as
measured from the LWRP. The outer
boundary of the anchorage is a line
parallel to the nearest bank 875 feet
from the water’s edge into the river as
measured from the LWRP.
Note 4 to paragraph (a)(13): Oak Point
Revetment extends/runs adjacent to the
lower portion of this anchorage. Mariners are
urged to use caution in this anchorage.

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(14) Lower 12 Mile Point Anchorage.
An area, 2.2 miles in length, along the
right descending bank of the river
extending from mile 78.6 to mile 80.8
Above Head of Passes. The width of the
anchorage is 500 feet. The inner
boundary of the anchorage is a line
parallel to the nearest bank 300 feet
from the water’s edge into the river as
measured from the LWRP. The outer
boundary of the anchorage is a line
parallel to the nearest bank 800 feet
from the water’s edge into the river as
measured from the LWRP.
Note 5 to paragraph (a)(14): English Turn
Revetment extends/runs adjacent to the
lower portion of this anchorage. Mariners are
urged to use caution in this anchorage.

(15) Lower 9 Mile Anchorage. An area,
2.4 miles in length, along the right
descending bank of the river extending
from mile 82.6 to mile 85.0 Above Head
of Passes. The width of the anchorage is
500 feet. The inner boundary of the
anchorage is a line parallel to the
nearest bank 300 feet from the water’s
edge into the river as measured from the
LWRP. The outer boundary of the
anchorage is a line parallel to the
nearest bank 800 feet from the water’s
edge into the river as measured from the
LWRP.
Note 6 to paragraph (a)(15): Twelve Mile
Point Revetment extends/runs adjacent to the
lower portion of this anchorage. Mariners are
urged to use caution in this anchorage.
Caution: A wreck is located within the
boundaries of this anchorage. Mariners are
urged to use caution in this anchorage.

*

*

*

*

*

Note 7 to paragraph (a)(16): * * *

*

*

*

*

*

Note 8 to paragraph (a)(18): * * *

*

*

*

*

*

Note 9 to paragraph (a)(22): * * *

*

*
*
*
*
(35) Point Michel Anchorage. An area,
2.2 miles in length, along the right
descending bank of the river extending
from mile 40.0 to mile 42.2 Above Head
of Passes. The width of the anchorage is
500 feet. The inner boundary of the
anchorage is a line parallel to the
nearest bank 325 feet from the water’s
edge into the river as measured from the
LWRP. The outer boundary of the
anchorage is a line parallel to the
nearest bank 825 feet from the water’s
edge into the river as measured from the
LWRP.
Note 10 to paragraph (a)(35): Point Michel
Revetment extends/runs adjacent to this
anchorage. Mariners are urged to use caution
in this anchorage.

*

*
*
*
*
(37) Phoenix Anchorage. An area, 0.6
miles in length, along the left

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descending bank of the river extending
from mile 57.82 to mile 58.42 Above
Head of Passes. The width of the
anchorage is 400 feet. The inner
boundary of the anchorage is a line
parallel to the nearest bank 400 feet
from the water’s edge into the river as
measured from the LWRP. The outer
boundary of the anchorage is a line
parallel to the nearest bank 800 feet
from the water’s edge into the river as
measured from the LWRP.
Note 11 to paragraph (a)(37): Myrtle Grove
Revetment extends/runs adjacent to this
anchorage. Mariners are urged to use caution
in this anchorage.

*

*
*
(c) * * *
(6) * * *

*

*

Note 12 to paragraph (c)(6): * * *

*

*

*

*

*

Dated: 2 May 2022.
John W. Reed,
Captain, U.S. Coast Guard, Acting
Commander, Eighth Coast Guard District.
[FR Doc. 2022–10356 Filed 5–13–22; 8:45 am]
BILLING CODE 9110–04–P

DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 13
RIN 2900–AR11

Fiduciary Bond
Department of Veterans Affairs.
Final rule.

AGENCY:
ACTION:

The Department of Veterans
Affairs (VA) amends its regulations that
govern fiduciary activities. More
specifically, the amendments revise
specific procedures to exempt a VAappointed fiduciary who is also serving
as a court-appointed fiduciary from
posting multiple bonds and to also
exempt a VA-appointed fiduciary that is
also a State agency with existing, Statemandated liability insurance or a
blanket bond from having to obtain an
additional bond payable to the Secretary
of Veterans Affairs (Secretary).
DATES: This rule is effective June 15,
2022.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Kevin Baresich, Program Analyst,
Pension and Fiduciary Service (21PF),
Veterans Benefits Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 632–8863. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: In a
document published in the Federal

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Federal Register / Vol. 87, No. 94 / Monday, May 16, 2022 / Rules and Regulations

Register on September 29, 2021, at 86
FR 53913, VA proposed to amend its
fiduciary activity regulations by
providing an exception to certain
eligibility requirements to exempt a VAappointed fiduciary who is also a courtappointed fiduciary, or a State agency
with existing State-mandated liability
insurance or a blanket bond from
obtaining a separate surety bond
payable to the Secretary. The 60-day
public comment period ended on
November 29, 2021. VA received
comments from two individuals.
The first commenter was fully
supportive of the proposed rule. The
other commenter was not in support of
the proposed rule. Neither commenter
recommended revisions to the proposed
rule. However, the second commenter
expressed general concerns with the
purpose of the rulemaking. The
commenter opposed the exemption of a
VA bond requirement, even if
redundant, to protect a VA beneficiary’s
funds. The commenter was not
persuaded that a bond made payable to
the Secretary is unnecessary when VA
funds under management are also
protected by bonds ordered by a court,
State-mandated liability insurance, or a
blanket bond. The commenter believed
that a VA-specific bond provides an
additional layer of protection and
safeguards the funds of a vulnerable VA
beneficiary. However, the commenter
did not explain how removing
redundant coverage would increase risk
to beneficiaries. We do not agree that
our proposed regulation would
disadvantage a VA beneficiary or limit
any protections provided and make no
changes based upon this comment.
In 2018, VA amended its fiduciary
program regulations. 83 FR 32716 (July
13, 2018). VA promulgated new
regulations meant to establish a national
standard for the appointment and
supervision of VA fiduciaries.
Specifically, VA implemented a
requirement that certain potential VA
fiduciaries obtain a surety bond payable
to the Secretary to ensure that VA
would be able to recoup misused funds
from a surety company as opposed to
initiating collections against a fiduciary.
38 CFR 13.230(d). However, as
explained in the proposed rule, we
recognize that the purpose for which
this requirement was imposed would be
defeated in instances where a courtappointed fiduciary or State-agency
already had a bond in place. We noted
that in these instances, the bond
typically would be payable to the state
where the court is located, and for this
reason VA would be unable to make a
direct claim against that bond. This
circumstance highlighted a potential

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problem with VA’s practice of requiring
multiple bonds, that if a surety company
already paid out on a misused-benefits
claim under a state-court bond, another
surety company would not pay out on
a VA bond for the same misconduct.
Therefore, a second bond would not
satisfy its intended purpose. Further, it
would not make sense to burden a VA
beneficiary with paying a second bond
premium where there already is
adequate protection in place. Indeed, to
do so would be contrary to VA’s core
mission to ensure that a VA
beneficiary’s benefits are managed in
their best interest. A VA beneficiary
would not be financially disadvantaged
by the removal of a duplicative bond
requirement because VA is now
required to reimburse a beneficiary of
any misused funds. 38 U.S.C. 6107.
Finally, the same commenter stated
that if a fiduciary breaches his or her
duties as a fiduciary, that individual
should be held accountable by both the
State and VA.
The amendments under this rule do
not waive VA’s obligation under the law
to hold a fiduciary who has misused VA
benefits accountable for such misuse. 38
CFR 13.400, 13.500.
VA adopts the rule as proposed
without change.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. The Office of
Information and Regulatory Affairs has
determined that this rule is not a
significant regulatory action under
Executive Order 12866. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
Paperwork Reduction Act
This final rule includes provisions
constituting a revised collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521) that require approval by the Office
of Management and Budget (OMB).
Accordingly, under 44 U.S.C. 3507(d),
VA has submitted a copy of this

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rulemaking action to OMB for review
and approval.
Regulatory Flexibility Act
The Secretary certifies that this final
rule will 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 regulation
has the potential to impact all 2,350
small entities within the North
American Industry Classification
System Code 524126 (casualty and
bonding companies). There is a
projected loss of revenue of $66,989 per
firm which yields a 0.16% revenue loss
to each entity. Based on this analysis,
the Secretary certifies that the adoption
of this final rule will not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act. Therefore, pursuant to 5
U.S.C. 605(b), the initial and final
regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do
not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule would have no
such effect on State, local, and tribal
governments, or on the private sector.
Assistance Listing
The Assistance Listing program
number and title for programs affected
by this rule are as follows: 64.104,
Pension for Non-Service-Connected
Disability for Veterans; 64.105, Pension
to Veterans Surviving Spouses, and
Children; 64.109, Veterans
Compensation for Service-Connected
Disability; and 64.110, Veterans
Dependency and Indemnity
Compensation for Service-Connected
Death.
Congressional Review Act
Pursuant to Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (known as the
Congressional Review Act) (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs designated this rule
as not a major rule, as defined by 5
U.S.C. 804(2).

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Federal Register / Vol. 87, No. 94 / Monday, May 16, 2022 / Rules and Regulations
List of Subjects in 38 CFR Part 13

POSTAL SERVICE

Surety bonds, Trusts and trustees, and
Veterans.

39 CFR Part 241

Signing Authority

Post Office Organization and
Administration: Discontinuance of
USPS-Operated Retail Facilities

Denis McDonough, Secretary of
Veterans Affairs, approved this
document on May 5, 2022, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Luvenia Potts,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.

For the reasons stated in the
preamble, the Department of Veterans
Affairs amends 38 CFR part 13 as set
forth below:
PART 13—FIDUCIARY ACTIVITIES
1. The authority citation for part 13
continues to read as follows:

■

Authority: 38 U.S.C. 501, 5502, 5506–
5510, 6101, 6106–6108, and as noted in
specific sections.
Source: 83 FR 32738, July 13, 2018, unless
otherwise noted.

2. Amend § 13.230 by revising
paragraph (c)(1) to read as follows:

■

§ 13.230

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The United States Postal
Service® has revised its regulations
concerning the Postal Service-Operated
Retail Facilities Discontinuance Guide
to conform to organizational changes.
DATES: Effective May 16, 2022.
FOR FURTHER INFORMATION CONTACT: Sal
Faraglia, 202–494–3329, Post Office
Operations and Processing Logistics and
Integration.
SUPPLEMENTARY INFORMATION: The
revision makes minor changes to § 241.3
to update the text with the correct job
titles following organizational changes.
SUMMARY:

List of Subjects in 39 CFR Part 241
Organization and functions
(Government agencies).
Accordingly, 39 CFR part 241 is
amended as follows:
PART 241—ESTABLISHMENT
CLASSIFICATION, AND
DISCONTINUANCE
1. The authority citation for part 241
continues to read as follows:

*
*
*
*
(c) * * *. (1) The provisions of
paragraphs (a) and (b) of this section do
not apply to:
(i) A fiduciary that is a trust company
or a bank with trust powers organized
under the laws of the United States or
a state;
(ii) A fiduciary who is the
beneficiary’s spouse;
(iii) A fiduciary in the Commonwealth
of Puerto Rico, Guam, or another
territory of the United States, or in the
Republic of the Philippines, who has
entered into a restricted withdrawal
agreement in lieu of a surety bond;
(iv) A fiduciary that is also appointed
by a court and has obtained a state-court
bond, as referenced in 38 CFR 14.709,
sufficient to cover both VA and non-VA
funds; or
(v) A fiduciary that is also a state
agency with existing, state-mandated
liability insurance or a blanket bond
sufficient to cover both VA and non-VA
funds.
*
*
*
*
*
[FR Doc. 2022–10388 Filed 5–13–22; 8:45 am]

ACTION:

■

Protection of beneficiary funds.

*

Postal ServiceTM.
Final rule.

AGENCY:

Authority: 39 U.S.C. 101, 401, 403, 404,
410, 1001.

2. Amend § 241.3 by revising
paragraphs (b)(2) and (d)(3) introductory
text to read as follows:

■

§ 241.3 Discontinuance of USPS-operated
retail facilities.

*

*
*
*
*
(b) * * *
(2) ZIP Code assignment. The ZIP
Code for each address formerly served
from the discontinued USPS-operated
retail facility should be kept, wherever
practical. In some cases, the ZIP Code
originally assigned to the discontinued
USPS-operated retail facility may be
changed if the responsible District
Manager receives approval from his or
her Vice President of Area Delivery and
Retail Operations before any proposal to
discontinue the USPS-operated retail
facility is posted.
*
*
*
*
*
(d) * * *
(3) Other steps. In addition to
providing notice and inviting comment,
the District Manager must take any other
steps necessary to ensure that the
persons served by affected USPSoperated retail facilities understand the

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29673

nature and implications of the proposed
action. A community meeting must be
held to provide outreach and gain
public input after the proposal is
posted, unless otherwise instructed by
the responsible Headquarters Vice
President or the applicable Vice
President of Area Delivery and Retail
Operations. Authorization to forgo a
community meeting should issue only
where exceptional circumstances make
a community meeting infeasible, such as
where the community no longer exists
because of a natural disaster or because
residents have moved elsewhere.
*
*
*
*
*
Joshua J. Hofer,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2022–10283 Filed 5–13–22; 8:45 am]
BILLING CODE P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 170
[EPA–HQ–OPP–2017–0543; FRL–9803–01–
OCSPP]

Pesticides; Agricultural Worker
Protection Standard; Revision of the
Application Exclusion Zone
Requirements; Court Order; Stay of
Effectiveness
Environmental Protection
Agency (EPA).
ACTION: Final rule; court-ordered stay of
effectiveness.
AGENCY:

On December 28, 2020, the
United States District Court for the
Southern District of New York issued an
order in the case of State of New York
et al. v. United States Environmental
Protection Agency, which resulted in a
stay of the effectiveness for an October
30, 2020 final rule (2020 AEZ Rule)
amending certain provisions of EPA’s
Agricultural Worker Protection
Standard (WPS) regulations under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) related to the
application exclusion zone (AEZ).
Subsequent orders have extended this
stay of the effectiveness. Although the
text of the Code of Federal Regulations
reflects the amendments to the AEZ
provisions under the 2020 AEZ Rule,
the district court’s stay orders have
prevented those amendments from
going into effect. Accordingly, the
regulatory text prior to the amendments
provides the operative regulatory
language during the current stay and
any future extensions of the stay.
DATES: As of February 15, 2022, the
effectiveness of the final rule published
SUMMARY:

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