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33375

Rules and Regulations Federal Register


Vol. 71, No. 111

Friday, June 9, 2006

This section of the FEDERAL REGISTER 606–0960; by fax at (202) 606–0390; or released from active duty’’ consistent
contains regulatory documents having general TTY at (202) 606–3134; or by e-mail at with the statutory change contained in
applicability and legal effect, most of which Scott.Wilander@opm.gov. the Act. This new definition does not
are keyed to and codified in the Code of
SUPPLEMENTARY INFORMATION: The alter the requirement that a discharge or
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510. National Defense Authorization Act for release from active duty must be under
Fiscal Year 2006, Public Law 109–163, honorable conditions (i.e., an honorable
The Code of Federal Regulations is sold by was signed into law by the President on or general discharge).
the Superintendent of Documents. Prices of January 6, 2006, containing two
new books are listed in the first FEDERAL Waiver of Notice of Proposed
provisions (sections 1111 and 1112 of
REGISTER issue of each week. Rulemaking
Title XI) which amend section 2108(1)
of title 5, United States Code. Section Pursuant to 5 U.S.C. 553(b)(3)(B), I
OFFICE OF PERSONNEL 1111 of Title XI of the Act expands the find that good cause exists for waiving
MANAGEMENT definition of a veteran in 5 U.S.C. the general notice of proposed
2108(1) to include individuals who rulemaking. Waiver of advance notice is
5 CFR Part 211 served on active duty for more than 180 necessary to ensure that the regulations
consecutive days, other than for become effective immediately and
RIN 3206–ALOO training, any part of which occurred agencies understand completely their
during the period beginning September obligations under the amendments to 5
Veterans’ Preference 11, 2001, and ending on the date U.S.C. 2108(1) and do not unwittingly
AGENCY: Office of Personnel prescribed by Presidential proclamation deny veterans’ preference based upon
Management. or by law as the last day of Operation
regulations that are now obsolete. If
Iraqi Freedom. OPM is revising its
ACTION: Interim rule with request for OPM’s regulations were permitted to
regulation by adding this new definition
comments. remain as currently written, while OPM
to § 211.102(a) consistent with this
solicited comments upon its proposed
SUMMARY: The Office of Personnel statutory change. In addition, we are
revisions, there is a chance that
Management (OPM) is issuing interim taking this opportunity to revise
§ 211.102(a) to include anyone who reservists recently released from active
regulations to implement statutory duty in Iraq or Afghanistan, for
changes to veterans’ preference served on active duty during the period
beginning August 2, 1990, and ending example, might be denied veterans’
contained in the National Defense preference based upon the language of
Authorization Act for FY 2006. These January 2, 1992, as previously
established by the National Defense the current regulations. In light of the
changes expand the definition of a sacrifices being made by individuals
veteran and clarify veterans’ preference Authorization Act for Fiscal Year 1998
(Pub. L. 105–85). who do not serve full time in the armed
eligibility for individuals discharged or
The National Defense Authorization forces, but who have been called to
released from active duty. The intended
Act for Fiscal Year 2006 also amended active duty for significant periods of
effect of these changes is to provide
5 U.S.C. 2108(1) by clarifying that service, the public interest lies with
conformity between veterans’ preference
individuals who are released or immediate publication, subject to
laws and OPM regulations, to further
discharged from active duty in the subsequent revisions after comments are
ensure that job seeking veterans receive
the preference to which they are armed forces, as opposed to being received and fully evaluated. The
entitled. separated from the armed forces, may revised language in the interim
receive veterans’ preference provided regulation will ensure that returning
DATES: Interim rule effective June 9, these individuals meet other applicable individuals discharged or released from
2006; comments must be received on or veterans’ preference eligibility active duty in the armed forces receive
before August 8, 2006. requirements. Because this clarification the veterans preference to which they
ADDRESSES: Send or deliver written requires agencies to give the same effect are entitled under statute.
comments to Mark Doboga, Deputy to a ‘‘release or discharge from active
Associate Director for Talent and E.O. 12866, Regulatory Review
duty’’ as they would to a ‘‘separation
Capacity Policy, U.S. Office of from the armed forces,’’ we are This rule has been reviewed by the
Personnel Management, Room 6551, modifying the definition of a veteran in Office of Management and Budget in
1900 E Street, NW., Washington, DC § 211.102(a) of this Part to be consistent accordance with Executive Order 12866.
20415–9700; e-mail employ@opm.gov; with this statutory clarification. We are
fax: (202) 606–2329. Comments may also modifying the definition of a Regulatory Flexibility Act
also be sent through the Federal disabled veteran in § 211.102(b) to be
eRulemaking Portal at: http:// consistent with the change to I certify that this regulation would not
www.regulations.gov. All submissions § 211.102(a) and amendments to 5 have a significant economic impact on
received through the Portal must U.S.C. 2108(1). a substantial number of small entities
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include the agency name and docket Lastly, we are amending § 211.102(g) because it affects only Federal
number or Regulation Identifier Number to correspond with the changes in employees.
(RIN) for this rulemaking. § 211.102(a) and (b). This amendment List of Subjects in 5 CFR Part 211
FOR FURTHER INFORMATION CONTACT: replaces the term ‘‘Separated under
Scott A. Wilander by telephone at (202) honorable conditions’’ with ‘‘Discharged Government employees, Veterans.

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33376 Federal Register / Vol. 71, No. 111 / Friday, June 9, 2006 / Rules and Regulations

Office of Personnel Management. DEPARTMENT OF AGRICULTURE 810, Alexandria, Virginia, 703–305–


Linda M. Springer, 2449, or via the Internet at
Director. Food and Nutrition Service micheal.atwell@fns.usda.gov.
SUPPLEMENTARY INFORMATION:
■ Accordingly, OPM is amending part 7 CFR Parts 272 and 273
211 of title 5, Code of Federal Executive Order 12866
RIN 0584–AD32
Regulations, as follows:
This final rule was determined to be
Food Stamp Program: Employment significant and was reviewed by the
PART 211—VETERAN PREFERENCE
and Training Program Provisions of Office of Management and Budget
■ 1. The authority for part 211 the Farm Security and Rural (OMB) in conformance with Executive
continues to read as follows: Investment Act of 2002 Order 12866.
Authority: 5 U.S.C. 1302. AGENCY: Food and Nutrition Service, Executive Order 12372
USDA.
■ 2. In § 211.102, revise paragraphs (a), The Food Stamp Program (FSP) is
ACTION: Final rule. listed in the Catalog of Federal Domestic
(b), and (g) to read as follows:
Assistance under No. 10.551. For the
SUMMARY: This rule finalizes the
§ 211.102 Definitions. reasons set forth in the final rule in 7
proposed provisions of a rule published
* * * * * CFR part 3105, subpart V and related
on March 19, 2004 to amend Food
Notice (48 FR 29115, June 24, 1983),
(a) Veteran means a person who has Stamp Program regulations to codify
this Program is excluded from the scope
been discharged or released from active Food Stamp Employment and Training
of Executive Order 12372, which
duty in the armed forces under (E&T) Program provisions of section
requires intergovernmental consultation
honorable conditions performed— 4121 of the Farm Security and Rural
with State and local officials.
(1) In a war; or, Investment Act of 2002 (the Farm Bill).
This final rule establishes a reasonable Executive Order 12988
(2) In a campaign or expedition for formula for allocating the 100 percent
which a campaign badge has been This final rule has been reviewed
Federal grant authorized under the Farm
authorized; or under Executive Order 12988, Civil
Bill to carry out the E&T Program each
Justice Reform. This rule is intended to
(3) During the period beginning April fiscal year. This final rule also codifies
have preemptive effect with respect to
28, 1952, and ending July 1, 1955; or the Farm Bill provision that makes
any State or local laws, regulations, or
(4) For more than 180 consecutive available up to $20 million a year in
policies that conflict with its provisions
days, other than for training, any part of additional unmatched Federal E&T
or that would otherwise impede its full
which occurred during the period funds for State agencies that commit to
implementation. This rule is not
beginning February 1, 1955, and ending offer an education/training or workfare
intended to have retroactive effect
October 14, 1976; or opportunity to every applicant and
unless so specified in the DATES
recipient who is an able-bodied adult
(5) During the period beginning paragraph of this final rule. Prior to any
without dependents (ABAWD), limited
August 2, 1990, and ending January 2, judicial challenge to the provisions of
to 3 months of food stamp eligibility in
1992; or this rule or the application of its
a 36-month period, who would
provisions, all applicable administrative
(6) For more than 180 consecutive otherwise be terminated. This final rule
procedures must be exhausted.
days, other than for training, any part of eliminates the current Federal cost-
which occurred during the period sharing cap of $25 per month on the Paperwork Reduction Act
beginning September 11, 2001, and amount State agencies may reimburse The Paperwork Reduction Act of 1995
ending on the date prescribed by E&T participants for work expenses (44 U.S.C. Chap. 35; see 5 CFR 1320)
Presidential proclamation or by law as other than dependent care. This final requires that OMB approve all
the last day of Operation Iraqi Freedom. rule codifies Farm Bill provisions that collections of information by a Federal
(b) Disabled Veteran means a person expand State flexibility in E&T Program agency before they can be implemented.
who has been discharged or released spending by repealing the requirements Respondents are not required to respond
from active duty in the armed forces that State agencies earmark 80 percent to any collection of information unless
under honorable conditions performed of their annual 100 percent Federal E&T it displays a current valid OMB control
at any time and who has established the grants to serve ABAWDs; they meet or number. The information collections in
present existence of a service-connected exceed their fiscal year 1996 State this rule were previously approved
disability or is receiving compensation, administrative spending levels to access under OMB control number 0584–0339.
disability retirement benefits, or funds made available by the Balanced The rules in 7 CFR 273.7(d)(1)(i)(D)
pension because of a statute Budget Act of 1997; and the Secretary be provide that, if a State Agency will not
administered by the Department of given the authority to establish obligate or expend all of the funds
Veterans Affairs or a military maximum reimbursement costs of E&T allocated to it for a fiscal year (FY), the
department. Program components. Lastly, this final Food and Nutrition Service (FNS) will
rule rescinds the balance of unobligated distribute the unobligated, unexpended
* * * * * funds carried over from fiscal year 2001. funds during the current or subsequent
(g) Discharged or released from active DATES: This final rule is effective August FY on a first come-first served basis.
duty means with either an honorable or 8, 2006. State Agencies may request more funds,
general discharge from active duty in
FOR FURTHER INFORMATION CONTACT: as needed. Typically, FNS receives nine
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the armed forces. The Department of


Micheal Atwell, Senior Program such requests per year. The burden
Defense is responsible for administering
Analyst, Program Design Branch, associated with OMB control number
and defining military discharges.
Program Development Division, Food 0584–0339 has been revised by adding
[FR Doc. E6–8962 Filed 6–8–06; 8:45 am] Stamp Program, Food and Nutrition 9 hours to it to account for the time it
BILLING CODE 6325–39–P Service, 3101 Park Center Drive, Room takes State Agencies to prepare the

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