Board of Veterans' Appeals: Rules of Practice: Public Availability of Board Decisions, 18008-18010 [06-3413]
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18008
Federal Register / Vol. 71, No. 68 / Monday, April 10, 2006 / Rules and Regulations
rules, or guidelines that pertain to the
NISP shall be reviewed and updated by
the originating agency, as circumstances
require. If a change in national policy
necessitates a change in agency
implementing regulations, internal
rules, or guidelines that pertain to the
NISP, the agency shall promptly issue
revisions.
(b) Reviews by ISOO. The Director,
ISOO, shall review agency
implementing regulations, internal
rules, or guidelines, as necessary, to
ensure consistency with NISP policies
and procedures. Such reviews should
normally occur during routine oversight
visits, when there is indication of a
problem that comes to the attention of
the Director, ISOO, or after a change in
national policy that impacts such
regulations, rules, or guidelines. The
Director, ISOO, shall provide findings
from such reviews to the responsible
department or agency.
§ 2004.12
Reviews by ISOO [102(b)(4)].
The Director, ISOO, shall fulfill his
monitoring role based, in part, on
information received from NISP Policy
Advisory Committee (NISPPAC)
members, from on-site reviews that
ISOO conducts under the authority of
EO 12829, as amended, and from
complaints and suggestions from
persons within or outside the
Government. Findings shall be reported
to the responsible department or agency.
Subpart B—Operations
§ 2004.20 National Industrial Security
Program Operating Manual (NISPOM)
[201(a)].
(a) The NISPOM applies to release of
classified information during all phases
of the contracting process.
(b) As a general rule, procedures for
safeguarding classified information by
contractors and recommendations for
changes shall be addressed through the
NISPOM coordination process that shall
be facilitated by the Executive Agent.
The Executive Agent shall address
NISPOM issues that surface from
industry, Executive Branch departments
and agencies, or the NISPPAC. When
consensus cannot be achieved through
the NISPOM coordination process, the
issue shall be raised to the NSC for
resolution.
rwilkins on PROD1PC63 with RULES
§ 2004.21 Protection of Classified
Information [201(e)].
Procedures for the safeguarding of
classified information by contractors are
promulgated in the NISPOM. DoD, as
the Executive Agent, shall use standards
applicable to agencies as the basis for
the requirements, restrictions, and
safeguards contained in the NISPOM;
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however, the NISPOM requirements
may be designed to accommodate as
necessary the unique circumstances of
industry. Any issue pertaining to
deviation of industry requirements in
the NISPOM from the standards
applicable to agencies shall be
addressed through the NISPOM
coordination process.
§ 2004.22
[202(a)].
Operational Responsibilities
(a) Designation of Cognizant Security
Authority (CSA). The CSA for a
contractor shall be determined by the
preponderance of classified contract
activity per agreement by the CSAs. The
responsible CSA shall conduct oversight
inspections of contractor security
programs and provide other support
services to contractors as necessary to
ensure compliance with the NISPOM
and that contractors are protecting
classified information as required. DoD,
as Executive Agent, shall serve as the
CSA for all Executive Branch
departments and agencies that are not a
designated CSA. As such, DoD shall:
(1) Provide training to industry to
ensure that industry understands the
responsibilities associated with
protecting classified information.
(2) Validate the need for contractor
access to classified information, shall
establish a system to request personnel
security investigations for contractor
personnel, and shall ensure adequate
funding for investigations of those
contractors under Department of
Defense cognizance.
(3) Maintain a system of eligibility
and access determinations of contractor
personnel.
(b) General Responsibilities. Executive
Branch departments and agencies that
issue contracts requiring industry to
have access to classified information
and are not a designated CSA shall:
(1) Include the Security Requirements
clause, 52.204–2, from the FAR in such
contracts;
(2) Incorporate a Contract Security
Classification Specification (DD 254)
into the contracts in accordance with
the FAR subpart 4.4;
(3) Sign agreements with the
Department of Defense as the Executive
Agent for industrial security services;
and,
(4) Ensure applicable department and
agency personnel having NISP
implementation responsibilities are
provided appropriate education and
training.
§ 2004.23
Cost Reports [203(d)].
(a) The Executive Branch departments
and agencies shall provide information
each year to the Director, ISOO, on the
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Fmt 4700
Sfmt 4700
costs within the agency associated with
implementation of the NISP for the
previous year.
(b) The DoD as the Executive Agent
shall develop a cost methodology in
coordination with industry to collect the
costs incurred by contractors of all
Executive Branch departments and
agencies to implement the NISP, and
shall report those costs to the Director,
ISOO, on an annual basis.
§ 2004.24
Definitions.
(a) ‘‘Cognizant Security Agencies
(CSAs)’’ means the Executive Branch
departments and agencies authorized in
EO 12829, as amended, to establish
industrial security programs: The
Department of Defense, designated as
the Executive Agent; the Department of
Energy; the Nuclear Regulatory
Commission; and the Central
Intelligence Agency.
(b) ‘‘Contractor’’ means any industrial,
education, commercial, or other entity,
to include licensees or grantees that has
been granted access to classified
information. Contractor does not
include individuals engaged under
personal services contracts.
Dated: March 31, 2006.
J. William Leonard,
Director, Information Security Oversight
Office.
Approved: March 31, 2006.
Allen Weinstein,
Archivist of the United States.
[FR Doc. 06–3383 Filed 4–7–06; 8:45 am]
BILLING CODE 7515–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 20
RIN 2900–AM31
Board of Veterans’ Appeals: Rules of
Practice: Public Availability of Board
Decisions
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of Veterans
Affairs (VA) is amending the Board of
Veterans’ Appeals (Board) Rules of
Practice as relates to public availability
of Board decisions, to set forth the
current methods for archiving and
retrieving Board decisions for public
use. Due to advances in technology,
Board decisions issued on or after
January 1, 1992, are currently available
in redacted form for public inspection
and copying on Web sites that are
accessible through the Internet. This is
an improvement from the past practice
E:\FR\FM\10APR1.SGM
10APR1
rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 71, No. 68 / Monday, April 10, 2006 / Rules and Regulations
of archiving Board decisions in
microfiche form with an accompanying
index to facilitate public access to the
decisions.
DATES: Effective Date: April 10, 2006.
FOR FURTHER INFORMATION CONTACT:
Steven L. Keller, Senior Deputy Vice
Chairman, 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 by agencies of
original jurisdiction of claims for
veterans’ benefits, as well as occasional
cases of original jurisdiction. The
Freedom of Information Act (FOIA)
requires federal agencies to make
available for public inspection and
copying final opinions made in the
adjudication of cases. 38 U.S.C.
552(a)(2)(A).
The regulation in effect until April 10,
2006 provided a system for indexing
Board decisions to facilitate access to
the contents of the decisions. The index
(BVA Index I–01–1) was published
quarterly in microfiche form with an
annual cumulation, and was made
available to the public for review at VA
offices around the country. However,
technological advances in information
management rendered this system
obsolete. In fact, the Board has not
indexed Board decisions in microfiche
form for many years.
Currently, redacted Board decisions
(i.e., decisions in which all personal
identifiers except the Board-assigned
docket number are removed) issued on
or after January 1, 1992, are accessible
to the public for inspection and copying
on the Internet at https://
www.index.va.gov/search/va/bva.html,
as well as some commercial Web sites.
The former indexing system for Board
decisions was upgraded and replaced by
a comprehensive word-searching
system, by which the public may
identify particular decisions issued.
Redacted Board decisions are also
available for public inspection and
copying in the Board’s Research Center.
In light of these improvements, we are
revising Rule 1301(b) (38 CFR
20.1301(b)) of the Board’s Rules of
Practice to reflect current practice and
procedure, and to allow flexibility in
implementing future advances in
technology and information
management when necessary. We are
adding a new section, designated as 38
CFR 20.1301(b)(1), which sets forth a
general description of how the Board
will fulfill its responsibility under FOIA
to make available for public inspection
and copying final opinions made in the
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adjudication of cases. Section
20.1301(b)(1) is crafted in general terms
to encompass future advances in
technology and information
management, while setting forth the
principles of popular accessibility and
availability for public inspection and
copying, as required by FOIA.
We are also revising some of the
existing language in section 20.1301(b)
to clarify that Board decisions issued
prior to January 1, 1992, are archived
and indexed in microfiche form. This
section is designated as 38 CFR
20.1301(b)(2) and sets forth details
regarding the indexing methods that are
used to retrieve Board decisions issued
prior to January 1, 1992. The regulation
in effect until April 10, 2006 provided
the address of a private company that
previously prepared and maintained the
BVA Index I–01–1. We removed this
name and address and, as an alternative,
direct the public to contact the Board’s
Research Center for further information
on obtaining a copy of the index.
Administrative Procedure Act
This final rule concerns agency
organization, procedure or practice and,
pursuant to 5 U.S.C. 553, is exempt from
notice and comment and delayed
effective date requirements.
18009
recipients, or raising novel legal or
policy issues. VA has examined the
economic, legal, and policy implications
of this final rule and has concluded that
it is not a significant regulatory action
under Executive Order 12866.
Paperwork Reduction Act
The Secretary hereby certifies that
this final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3521).
Regulatory Flexibility Act
The Secretary hereby 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 rule will
affect VA beneficiaries and will not
affect small businesses. Therefore,
pursuant to 5 U.S.C. 605(b), this final
rule is exempt from the initial and final
regulatory flexibility analyses
requirement of sections 603 and 604.
Catalog of Federal Domestic Assistance
Numbers
There is no Catalog of Federal
Domestic Assistance number for this
proposed rule.
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 an
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
given year. This rule would have no
such effect on State, local, or tribal
governments, or the private sector.
List of Subjects in 38 CFR Part 20
Executive Order 12866
Executive Order 12866 directs
agencies to assess all 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, and other advantages;
distributive impacts; and equity). The
Order classifies a rule as a significant
regulatory action requiring review by
the Office of Management and Budget if
it meets any one of a number of
specified conditions, including: having
an annual affect on the economy of $100
million or more, creating a serious
inconsistency or interfering with an
action of another agency, materially
altering the budgetary impact of
entitlements or the rights of entitlement
I
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Administrative practice and
procedure, Veterans.
Approved: March 9, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
For the reasons stated in the preamble,
the Department of Veterans Affairs
amends 38 CFR part 20 as follows:
I
PART 20—BOARD OF VETERANS’
APPEALS: RULES OF PRACTICE
1. The authority citation for part 20
continues to read as follows:
Authority: 38 U.S.C. 501(a) and as noted in
specific sections.
2. In § 20.1301, revise paragraph (b) to
read as follows:
I
§ 20.1301 Rule 1301. Disclosure of
information.
*
*
*
*
*
(b) Public availability of Board
decisions. (1) Decisions issued on or
after January 1, 1992. Decisions
rendered by the Board of Veterans’
Appeals on or after January 1, 1992, are
electronically available for public
inspection and copying on the Internet
at https://www.index.va.gov/search/va/
bva.html. All personal identifiers are
redacted from the decisions prior to
publication. Specific decisions may be
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10APR1
18010
Federal Register / Vol. 71, No. 68 / Monday, April 10, 2006 / Rules and Regulations
identified by a word and/or topic
search, or by the Board docket number.
Board decisions will continue to be
provided in a widely-used format as
future advances in technology occur.
(2) Decisions issued prior to January
1, 1992. Decisions rendered by the
Board of Veterans’ Appeals prior to
January 1, 1992, have been indexed to
facilitate access to the contents of the
decisions (BVA Index I–01–1). The
index, which was published quarterly in
microfiche form with an annual
cumulation, is available for review at
Department of Veterans Affairs regional
offices and at the Research Center at the
Board of Veterans’ Appeals in
Washington, DC. Information on
obtaining a microfiche copy of the index
is also available from the Board’s
Research Center. The index can be used
to locate citations to decisions with
issues similar to those of concern to an
appellant. Each indexed decision has a
locator number assigned to it. The
manner in which the locator number is
written depends upon the age of the
decision. Decisions archived prior to
late 1989 have a number such as 82–07–
0001. Decisions archived at a later date
have a number such as BVA–90–12345.
This number must be used when
requesting a paper copy of that decision.
These requests must be directed to the
Research Center (01C1), Board of
Veterans’ Appeals, 810 Vermont
Avenue, NW., Washington, DC 20420.
(Authority: 5 U.S.C. 552(a)(2), 38 U.S.C.
501(a))
[FR Doc. 06–3413 Filed 4–7–06; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 194
[EPA–HQ–OAR–2004–0025; FRL–8055–1]
Criteria for the Certification and
Recertification of the Waste Isolation
Pilot Plant’s Compliance With the
Disposal Regulations: Recertification
Decision
Environmental Protection
Agency.
ACTION: Final notice.
AGENCY:
With this notice, the
Environmental Protection Agency (EPA)
recertifies that the U.S. Department of
Energy’s (DOE) Waste Isolation Pilot
Plant (WIPP) continues to comply with
the ‘‘Environmental Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level and
Transuranic (TRU) Radioactive Waste.’’
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SUMMARY:
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EPA initially certified that WIPP met
applicable regulatory requirements on
May 18, 1998, and the first shipment of
waste was received at WIPP on March
26, 1999.
Today’s action represents the first
instance of EPA’s periodic evaluation of
WIPP’s continued compliance with the
disposal regulations and WIPP
Compliance Criteria. The compliance
criteria implement and interpret the
disposal regulations specifically for
WIPP. As directed by Congress in the
WIPP Land Withdrawal Act (LWA), this
‘‘recertification’’ will occur five years
after the WIPP’s initial receipt of TRU
waste (March 26, 1999), and every five
years thereafter until the end of the
decommissioning phase. For each
recertification—including the one being
announced with today’s action—DOE
must submit documentation of the site’s
continuing compliance with the
disposal regulations to EPA for review.
In accordance with the WIPP
Compliance Criteria, documentation of
continued compliance was made
available in EPA’s dockets, and the
public was provided at least a 30-day
period in which to submit comments. In
addition, all recertification decisions
must be announced in the Federal
Register, as this first recertification is
today. According to the WIPP LWA,
Section 8(f), these periodic
recertification determinations are not
subject to rulemaking or judicial review.
Today’s action is not a
reconsideration of the decision to open
WIPP. Rather, recertification is a process
that evaluates changes at WIPP to
determine if the facility continues to
meet all the requirements of EPA’s
disposal regulations. The recertification
process ensures that WIPP’s continued
compliance is demonstrated using the
most accurate, up-to-date information
available.
Today’s recertification decision is
based on a thorough review of
information submitted by DOE,
independent technical analyses, and
public comments. The Agency has
determined that DOE continues to meet
all applicable requirements of the WIPP
Compliance Criteria, and with this
notice, recertifies the WIPP facility. This
recertification decision does not
otherwise amend or affect EPA’s
radioactive waste disposal regulations
or the WIPP Compliance Criteria.
DATES: The effective date for the
recertification was March 29, 2006.
FOR FURTHER INFORMATION CONTACT: Ray
Lee or Sharon White, Radiation
Protection Division, Center for Federal
Regulations, Mail Code 6608J, U.S.
Environmental Protection Agency, 1200
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
Pennsylvania Avenue, Washington, DC,
20460; telephone number: 202–343–
9601; fax number: 202–343–2305; e-mail
address: lee.raymond@epa.gov or
white.sharon@epa.gov. Copies of the
Compliance Application Review
Documents (CARDs) supporting today’s
action and all other recertificationrelated documentation can be found in
the Agency’s electronic docket (Docket
ID No. EPA–HQ–OAR–2004–0025),
hard-copy Air Docket A–98–49, or on its
WIPP Web site (https://www.epa.gov/
radiation/wipp).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. What is WIPP?
A. 1998 Certification Decision
III. With which regulations must WIPP
comply?
A. Radioactive Waste Disposal Regulations
& Compliance Criteria
B. Compliance With Other Environmental
Laws and Regulations
IV. What has EPA’s role been at WIPP since
the 1998 Certification Decision?
A. Continuing Compliance
B. Annual Change Reports
C. Monitoring the Conditions of
Compliance
D. Inspections and Technical Exchanges
V. What is EPA’s Recertification Decision?
A. What information did the Agency
examine to make its final decision?
B. Content of the Compliance
Recertification Application (§§ 194.14
and 194.15)
C. Performance Assessment: Modeling and
Containment Requirements (§§ 194.14,
194.15, 194.23, 194.31 through 194.34)
D. General Requirements
E. Assurance Requirements (§§ 194.41
through 194.46)
F. Individual and Groundwater Protection
Requirements (§§ 194.51 through 194.55)
VI. How has the public been involved in
EPA’s WIPP recertification activities?
A. Public Information
B. Stakeholder Meetings
C. Public Comments on Recertification
VII. Where can I get more information about
EPA’s WIPP-related activities?
A. Supporting Documents for
Recertification
B. WIPP Web Site, Listserv, Information
Line, and Mailing List
C. Dockets
VIII. What happens next for WIPP? What is
EPA’s role in future WIPP activities?
I. General Information
A. How can I get copies of this
document and other related
information?
1. Docket. EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2004–0025; FRL–
8053–5. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy at
E:\FR\FM\10APR1.SGM
10APR1
Agencies
[Federal Register Volume 71, Number 68 (Monday, April 10, 2006)]
[Rules and Regulations]
[Pages 18008-18010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3413]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 20
RIN 2900-AM31
Board of Veterans' Appeals: Rules of Practice: Public
Availability of Board Decisions
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending the Board
of Veterans' Appeals (Board) Rules of Practice as relates to public
availability of Board decisions, to set forth the current methods for
archiving and retrieving Board decisions for public use. Due to
advances in technology, Board decisions issued on or after January 1,
1992, are currently available in redacted form for public inspection
and copying on Web sites that are accessible through the Internet. This
is an improvement from the past practice
[[Page 18009]]
of archiving Board decisions in microfiche form with an accompanying
index to facilitate public access to the decisions.
DATES: Effective Date: April 10, 2006.
FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Senior Deputy Vice
Chairman, 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 by agencies of original jurisdiction of
claims for veterans' benefits, as well as occasional cases of original
jurisdiction. The Freedom of Information Act (FOIA) requires federal
agencies to make available for public inspection and copying final
opinions made in the adjudication of cases. 38 U.S.C. 552(a)(2)(A).
The regulation in effect until April 10, 2006 provided a system for
indexing Board decisions to facilitate access to the contents of the
decisions. The index (BVA Index I-01-1) was published quarterly in
microfiche form with an annual cumulation, and was made available to
the public for review at VA offices around the country. However,
technological advances in information management rendered this system
obsolete. In fact, the Board has not indexed Board decisions in
microfiche form for many years.
Currently, redacted Board decisions (i.e., decisions in which all
personal identifiers except the Board-assigned docket number are
removed) issued on or after January 1, 1992, are accessible to the
public for inspection and copying on the Internet at https://
www.index.va.gov/search/va/bva.html, as well as some commercial Web
sites. The former indexing system for Board decisions was upgraded and
replaced by a comprehensive word-searching system, by which the public
may identify particular decisions issued. Redacted Board decisions are
also available for public inspection and copying in the Board's
Research Center.
In light of these improvements, we are revising Rule 1301(b) (38
CFR 20.1301(b)) of the Board's Rules of Practice to reflect current
practice and procedure, and to allow flexibility in implementing future
advances in technology and information management when necessary. We
are adding a new section, designated as 38 CFR 20.1301(b)(1), which
sets forth a general description of how the Board will fulfill its
responsibility under FOIA to make available for public inspection and
copying final opinions made in the adjudication of cases. Section
20.1301(b)(1) is crafted in general terms to encompass future advances
in technology and information management, while setting forth the
principles of popular accessibility and availability for public
inspection and copying, as required by FOIA.
We are also revising some of the existing language in section
20.1301(b) to clarify that Board decisions issued prior to January 1,
1992, are archived and indexed in microfiche form. This section is
designated as 38 CFR 20.1301(b)(2) and sets forth details regarding the
indexing methods that are used to retrieve Board decisions issued prior
to January 1, 1992. The regulation in effect until April 10, 2006
provided the address of a private company that previously prepared and
maintained the BVA Index I-01-1. We removed this name and address and,
as an alternative, direct the public to contact the Board's Research
Center for further information on obtaining a copy of the index.
Administrative Procedure Act
This final rule concerns agency organization, procedure or practice
and, pursuant to 5 U.S.C. 553, is exempt from notice and comment and
delayed effective date requirements.
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 an expenditure by
State, local, or tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any given year. This rule would have no such effect on
State, local, or tribal governments, or the private sector.
Executive Order 12866
Executive Order 12866 directs agencies to assess all 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,
and other advantages; distributive impacts; and equity). The Order
classifies a rule as a significant regulatory action requiring review
by the Office of Management and Budget if it meets any one of a number
of specified conditions, including: having an annual affect on the
economy of $100 million or more, creating a serious inconsistency or
interfering with an action of another agency, materially altering the
budgetary impact of entitlements or the rights of entitlement
recipients, or raising novel legal or policy issues. VA has examined
the economic, legal, and policy implications of this final rule and has
concluded that it is not a significant regulatory action under
Executive Order 12866.
Paperwork Reduction Act
The Secretary hereby certifies that this final rule contains no
provisions constituting a collection of information under the Paperwork
Reduction Act (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The Secretary hereby 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 rule will affect VA beneficiaries and will not affect small
businesses. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is
exempt from the initial and final regulatory flexibility analyses
requirement of sections 603 and 604.
Catalog of Federal Domestic Assistance Numbers
There is no Catalog of Federal Domestic Assistance number for this
proposed rule.
List of Subjects in 38 CFR Part 20
Administrative practice and procedure, Veterans.
Approved: March 9, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
0
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 20 as follows:
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
0
1. The authority citation for part 20 continues to read as follows:
Authority: 38 U.S.C. 501(a) and as noted in specific sections.
0
2. In Sec. 20.1301, revise paragraph (b) to read as follows:
Sec. 20.1301 Rule 1301. Disclosure of information.
* * * * *
(b) Public availability of Board decisions. (1) Decisions issued on
or after January 1, 1992. Decisions rendered by the Board of Veterans'
Appeals on or after January 1, 1992, are electronically available for
public inspection and copying on the Internet at https://
www.index.va.gov/search/va/bva.html. All personal identifiers are
redacted from the decisions prior to publication. Specific decisions
may be
[[Page 18010]]
identified by a word and/or topic search, or by the Board docket
number. Board decisions will continue to be provided in a widely-used
format as future advances in technology occur.
(2) Decisions issued prior to January 1, 1992. Decisions rendered
by the Board of Veterans' Appeals prior to January 1, 1992, have been
indexed to facilitate access to the contents of the decisions (BVA
Index I-01-1). The index, which was published quarterly in microfiche
form with an annual cumulation, is available for review at Department
of Veterans Affairs regional offices and at the Research Center at the
Board of Veterans' Appeals in Washington, DC. Information on obtaining
a microfiche copy of the index is also available from the Board's
Research Center. The index can be used to locate citations to decisions
with issues similar to those of concern to an appellant. Each indexed
decision has a locator number assigned to it. The manner in which the
locator number is written depends upon the age of the decision.
Decisions archived prior to late 1989 have a number such as 82-07-0001.
Decisions archived at a later date have a number such as BVA-90-12345.
This number must be used when requesting a paper copy of that decision.
These requests must be directed to the Research Center (01C1), Board of
Veterans' Appeals, 810 Vermont Avenue, NW., Washington, DC 20420.
(Authority: 5 U.S.C. 552(a)(2), 38 U.S.C. 501(a))
[FR Doc. 06-3413 Filed 4-7-06; 8:45 am]
BILLING CODE 8320-01-P