Supplemental Statement of the Case, 14056-14059 [E7-5435]
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14056
Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules
268 (48 U.S.C. 1681 note); sec. 2, Pub. L. 99–
643, 100 Stat. 3574 (42 U.S.C. 1382h note).
Security Act (42 U.S.C. 902(a)(5), 1382(a), (b),
(c), and (e), 1382a, 1382f, and 1383).
2. Section 416.201 is amended by
removing the definition of ‘‘Medical
care facility’’ and adding a definition of
‘‘Medical treatment facility’’ in
alphabetical order to read as follows:
6. Section 416.414 is amended by
revising the section heading and
paragraph (c) to read as follows:
*
*
*
*
*
Medical treatment facility means an
institution or that part of an institution
that is licensed or otherwise approved
by a Federal, State, or local government
to provide inpatient medical care and
services.
*
*
*
*
*
[Amended]
3. In 20 CFR part 416, subpart B,
remove the words ‘‘medical facility’’
and ‘‘medical care facility’’ each time
they appear and add in their place the
words ‘‘medical treatment facility’’ in
the following places:
a. Section 416.201 in the definitions
of ‘‘Medical care facility’’ and ‘‘Public
emergency shelter for the homeless’’;
and
b. Section 416.211(b) and (c)(5)(iv).
4. Section 416.212 is amended by
revising the introductory text in
paragraph (b)(1) to read as follows:
§ 416.414 Amount of benefits; eligible
individual or eligible couple in a medical
treatment facility.
12. The authority citation for subpart
K of part 416 continues to read as
follows:
*
*
*
*
(c) Definition. For purposes of this
section, a medical treatment facility
means an institution or that part of an
institution that is licensed or otherwise
approved by a Federal, State, or local
government to provide inpatient
medical care and services.
Authority: Secs. 702(a)(5), 1602, 1611,
1612, 1613, 1614(f), 1621, 1631, and 1633 of
the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j,
1383 and 1383b); sec. 211, Pub. L. 93–66, 87
Stat. 154 (42 U.S.C. 1382 note).
§ 416.414
13. In 20 CFR part 416, subpart K,
remove the words ‘‘medical facility’’
and ‘‘medical care facility’’ and add in
their place the words ‘‘medical
treatment facility’’ in the following
places:
a. Section 416.1149(a)(1) and (c)(1)(i)
through (ii);
b. Section 416.1165(g)(6) and (i)(1);
and
c. Section 416.1167(a)(2).
[Amended]
7. In addition to the amendment set
forth above, in 20 CFR part 416, subpart
D, remove the words ‘‘medical facility’’
and ‘‘medical care facility’’ and add in
their place the words ‘‘medical
treatment facility’’ in § 416.414(a),
(b)(2), and (b)(3)(i) through (ii).
Subpart E—[Amended]
8. The authority citation for subpart E
of part 416 continues to read as follows:
*
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§ 416.212 Continuation of full benefits in
certain cases of medical confinement.
Authority: Secs. 702(a)(5), 1147, 1601,
1602, 1611(c) and (e), and 1631(a)–(d) and (g)
of the Social Security Act (42 U.S.C.
902(a)(5), 1320b–17, 1381, 1381a, 1382(c)
and (e), and 1383(a)–(d) and (g)); 31 U.S.C.
3720A.
§ 416.571
*
*
*
*
(b) * * *
(1) Subject to eligibility and regular
computation rules (see subparts B and D
of this part), you are eligible for the
benefits payable under section
1611(e)(1)(G) of the Social Security Act
for up to 3 full months of medical
confinement during which your benefits
would otherwise be suspended because
of residence in a public institution or
reduced because of residence in a public
or private institution where Medicaid
pays a substantial part (more than 50
percent) of the cost of your care or, if
you are a child under age 18, reduced
because of residence in a public or
private institution which receives
payments under a health insurance
policy issued by a private provider, or
a combination of Medicaid and a health
insurance policy issued by a private
provider, pay a substantial part (more
than 50 percent) of the cost of your care
if—
*
*
*
*
*
Subpart D—[Amended]
5. The authority citation for subpart D
of part 416 continues to read as follows:
Authority: Secs. 702(a)(5), 1611(a), (b), (c),
and (e), 1612, 1617, and 1631 of the Social
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Subpart K—[Amended]
*
§ 416.201 General definitions and terms
used in this subpart.
§§ 416.201 and 416.211
administered by or the responsibility of
a governmental unit.
*
*
*
*
*
[Amended]
9. In 20 CFR part 416, subpart E,
remove the words ‘‘medical facility’’
wherever they appear and add in their
place the words ‘‘medical treatment
facility’’ in § 416.571.
Subpart G—[Amended]
10. The authority citation for subpart
G of part 416 continues to read as
follows:
Authority: Secs. 702(a)(5), 1611, 1612,
1613, 1614, and 1631 of the Social Security
Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b,
1382c, and 1383); sec. 211, Pub. L. 93–66, 87
Stat. 154 (42 U.S.C. 1382 note).
§§ 416.1149, 416.1165 and 416.1167
[Amended]
Subpart L—[Amended]
14. The authority citation for subpart
L of part 416 continues to read as
follows:
Authority: Secs. 702(a)(5), 1602, 1611,
1612, 1613, 1614(f), 1621, 1631 and 1633 of
the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j,
1383 and 1383b); sec. 211, Pub. L. 93–66, 87
Stat. 154 (42 U.S.C. 1382 note).
§ 416.1202
[Amended]
15. In 20 CFR part 416, subpart L,
remove the words ‘‘medical facility’’
and ‘‘medical care facility’’ and add in
their place the words ‘‘medical
treatment facility’’ in § 416.1202(b)(2)(i).
[FR Doc. E7–5134 Filed 3–23–07; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF VETERANS
AFFAIRS
11. Section 416.708 is amended by
revising paragraph (k) to read as follows:
38 CFR Parts 19 and 20
§ 416.708
RIN 2900–AM49
What you must report.
*
*
*
*
*
(k) Admission to or discharge from a
medical treatment facility, public
institution, or private institution. You
must report to us your admission to or
discharge from—
(1) A medical treatment facility; or
(2) A public institution (defined in
§ 416.201); or
(3) A private institution. Private
institution means an institution as
defined in § 416.201 which is not
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Supplemental Statement of the Case
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The Department of Veterans
Affairs (VA) proposes to amend its
regulations regarding the time limit for
filing a response to a Supplemental
Statement of the Case in appeals to the
Board of Veterans’ Appeals (Board). We
propose to change the response period
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from 60 days to 30 days. The purpose
of this change is to improve efficiency
in the appeals process and reduce the
time that it takes to resolve appeals
while still providing appellants with a
reasonable period to respond to a
Supplemental Statement of the Case.
DATES: Comments must be received by
VA on or before May 25, 2007.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (00REG), Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AM49—Supplemental Statement of the
Case.’’ Copies of comments received
will be available for public inspection in
the Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m. Monday
through Friday (except holidays). Please
call (202) 273–9515 for an appointment.
In addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Steven L. Keller, Senior Deputy Vice
Chairman, Board of Veterans’ Appeals
(012), Department of Veterans Affairs,
810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 565–5978.
The Board
is an administrative body within VA
that decides appeals from denials by
Agencies of Original Jurisdiction (AOJs)
of claims for veterans’ benefits, as well
as occasional cases of original
jurisdiction. The Board is under the
administrative control and supervision
of a Chairman who is directly
responsible to the Secretary of Veterans
Affairs. 38 U.S.C. 7101(a). The Board’s
Appeals Regulations and Rules of
Practice are found at 38 CFR parts 19
and 20.
An appeal to the Board is initiated by
a timely filed Notice of Disagreement
and completed (also called ‘‘perfected’’)
by a timely filed Substantive Appeal
after a Statement of the Case is
furnished. 38 U.S.C. 7105(a); 38 CFR
20.200. Under applicable law, the AOJ
provides notice of any decision made by
VA affecting the payment of benefits or
the granting of relief. 38 U.S.C. 5104; 38
CFR 3.103(b)(1). The claimant has one
year from the date of mailing that notice
to file a Notice of Disagreement. 38
U.S.C. 7105(b)(1); 38 CFR 20.302(a).
Following receipt of a timely Notice of
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SUPPLEMENTARY INFORMATION:
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Disagreement, the AOJ will prepare a
Statement of the Case, which must
include: (1) A summary of the evidence
in the case pertinent to the issue or
issues with which disagreement has
been expressed; (2) a citation to
pertinent laws and regulations and a
discussion of how such laws and
regulations affected the AOJ’s decision;
and (3) the AOJ decision on each issue
and a summary of the reasons for such
decision. 38 U.S.C. 7105(d)(1); 38 CFR
19.29. Except in cases of simultaneously
contested claims, the claimant has 60
days to file a Substantive Appeal in
response to the Statement of the Case or
the remainder of the one-year period
from the date of notice of the decision
being appealed, whichever period ends
later. 38 U.S.C. 7105(d)(3); 38 CFR
20.302(b)(1). In simultaneously
contested claims, a Substantive Appeal
and any response to a Supplemental
Statement of the Case must be filed
within 30 days from the date of mailing
of the Statement of the Case and
Supplemental Statement of the Case,
respectively. 38 U.S.C. 7105, 7105A(b);
38 CFR 20.501(b) and (c).
Often, the AOJ receives additional
evidence in support of the appeal after
the Statement of the Case was issued but
before the appeal is certified for
appellate review and transferred to the
Board. If the additional evidence is new
(i.e., not duplicative of evidence
previously of record that was discussed
in the Statement of the Case or a prior
Supplemental Statement of the Case)
and relevant to the appeal, the AOJ will
prepare a document known as a
Supplemental Statement of the Case and
furnish a copy to the appellant and his
or her representative, if any. 38 CFR
19.31(b)(1), 19.37(a). The purpose of a
Supplemental Statement of the Case is
to inform the appellant of any material
changes in, or additions to, the
information included in the Statement
of the Case or any prior Supplemental
Statement of the Case. 38 CFR 19.31(a).
A Supplemental Statement of the Case
will also be furnished if the AOJ
discovers a material defect in the
Statement of the Case or a prior
Supplemental Statement of the Case, or
determines that for any other reason the
Statement of the Case or a prior
Supplemental Statement of the Case is
inadequate. 38 CFR 19.31(b).
Additionally, if an appeal is remanded
by the Board to the AOJ and a claim
cannot be granted on remand, a
Supplemental Statement of the Case is
generally provided to the appellant
regarding that issue. 38 CFR 19.31(c),
19.38. Thereafter, the case is returned to
the Board.
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Currently, 38 CFR 19.38, 20.302(c),
and 20.303 provide information
regarding the Supplemental Statement
of the Case. These regulations indicate
that appellants are allowed a period of
60 days from the date of mailing of the
Supplemental Statement of the Case to
submit a response. Moreover, under 38
CFR 20.303, an extension of the 60-day
period for responding to the
Supplemental Statement of the Case,
when such a response is required, may
be granted for good cause. We propose
to change the 60-day period in each of
these regulations to 30 days, to help
expedite the appeals process while still
providing appellants with a reasonable
period to respond. We believe that the
beneficial effects of the amendment will
significantly outweigh any potential
adverse effects on appellants and we are
soliciting comments on this point.
Unlike the Statement of the Case,
which must contain specific
information about the evidence and
issues in the case, the applicable laws
and regulations, and the reasons for
each determination, a Supplemental
Statement of the Case is not required to
contain the same degree of detail. As its
name implies, a Supplemental
Statement of the Case is a supplement
to the Statement of the Case. The
document is intended to inform the
appellant of any material changes to, or
additions to, the information included
in the Statement of the Case. 38 CFR
19.31(a). In no case will a Supplemental
Statement of the Case be used to
announce AOJ decisions on issues that
were not previously addressed in a
Statement of the Case. 38 CFR 19.31(a).
Therefore, due to the limited purpose of
a Supplemental Statement of the Case,
less time should be needed to respond
to a Supplemental Statement of the Case
as compared to the Statement of the
Case. In addition, under this proposed
rule change, an extension of the 30-day
period for responding to a Supplemental
Statement of the Case may still be
granted for good cause. 38 CFR 20.303.
Significantly, provided that a
Substantive Appeal has been timely
filed in accordance with 38 CFR
20.302(b), a response to a Supplemental
Statement of the Case is strictly optional
and is not required to perfect an appeal.
38 CFR 20.302(c). If there is no response
to the Supplemental Statement of the
Case within the allowed period, any
remaining processing of the case can be
completed and the appeal can be
certified and transferred to the Board. In
practice, VA adjudicators will hold the
case for the full response period to
allow the appellant every opportunity to
respond to the Supplemental Statement
of the Case. By reducing the response
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period from 60 days to 30 days, VA can
allow the case to move forward faster
than under current regulations, thus
helping expedite the adjudication of
appealed cases. In addition to the 30day period to respond to the
Supplemental Statement of the Case,
once his or her appeal has been certified
and transferred to the Board, the
appellant typically still has 90 days to
submit further evidence. 38 CFR
20.1304(a). Although 38 CFR 20.1304(a)
states that the appellant has 90 days or
until the Board promulgates a decision
to submit evidence, as a practical
matter, with the exception of a limited
class of cases, such as cases that were
advanced on the Board’s docket
pursuant to 38 U.S.C. 7107(a), the Board
generally does not decide cases until
after the 90-day period has passed. This
effectively provides most appellants
with the full 90 days to submit
additional evidence. Moreover, under
§ 20.1304(b), even after the 90-day
period expires an appellant may still
move to submit additional evidence if
he or she can demonstrate good cause
for the delayed submission.
This proposed rule would not affect
the statutorily provided 60-day period
to respond to a Statement of the Case.
Rather, this proposed rule change is
confined to the Supplemental Statement
of the Case, which is a document
created solely by VA regulation to
describe VA’s AOJ activity when, most
commonly, after a Statement of the Case
was issued but before the appeal is
certified and transferred to the Board,
non-duplicative evidence is received
that is relevant to the issue or issues on
appeal, or when the AOJ plans to return
a case to the Board following a Board
remand for further development.
For the reasons stated above, we
propose to change the 60 day period to
respond to a Supplemental Statement of
the Case to 30 days in 38 CFR 19.38,
20.302(c), and 20.303.
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Paperwork Reduction Act
This document 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 proposed rule would 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. By
reducing the period allowed for
submitting an optional response to a
Supplemental Statement of the Case to
30 days, this proposed rule would affect
claimants for VA benefits who appeal to
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the Board. It may also affect a few small
organizations appealing to the Board,
including attorneys appealing the
cancellation of their accreditation by the
VA General Counsel and accredited
attorneys appealing decisions affecting
payment of their fees out of past-due
benefits awarded to VA claimants. This
proposed rule may also affect a few
small governmental jurisdictions
appealing to the Board, such as state
agencies appealing VA decisions on per
diem payments for services provided to
veterans in state homes.
However, reducing the period
permitted for submitting an optional
response to a Supplemental Statement
of the Case would not have a significant
economic impact on a substantial
number of these small entities. Rather,
it would expedite the processing of their
appeals to the Board. Therefore,
pursuant to 5 U.S.C. 605(b), this
proposed rule is exempt from the initial
and final regulatory flexibility analysis
requirement of 5 U.S.C. 603 and 604.
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
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
the Office of Management and Budget
(OMB) unless OMB waives such review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) Create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this proposed rule have
been examined and it has been
determined not to be a significant
regulatory action under Executive Order
12866.
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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, 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 proposed rule would
have no such effect on State, local, and
tribal governments, or on the private
sector.
Catalog of Federal Domestic Assistance
Numbers
The Catalog of Federal Domestic
Assistance program numbers and titles
for this proposal are 64.100,
Automobiles and Adaptive Equipment
for Certain Disabled Veterans and
Members of the Armed Forces; 64.101,
Burial Expenses Allowance for
Veterans; 64.102, Compensation for
Service-Connected Deaths for Veterans’
Dependents; 64.103, Life Insurance for
Veterans; 64.104, Pension for NonService-Connected Disability for
Veterans; 64.105, Pension to Veterans
Surviving Spouses, and Children;
64.106, Specially Adapted Housing for
Disabled Veterans; 64.109, Veterans
Compensation for Service-Connected
Disability; 64.110, Veterans Dependency
and Indemnity Compensation for
Service-Connected Death; 64.114,
Veterans Housing-Guaranteed and
Insured Loans; 64.115, Veterans
Information and Assistance; 64.116,
Vocational Rehabilitation for Disabled
Veterans; 64.117, Survivors and
Dependents Educational Assistance;
64.118, Veterans Housing-Direct Loans
for Certain Disabled Veterans; 64.119,
Veterans Housing-Manufactured Home
Loans; 64.120, Post-Vietnam Era
Veterans’ Educational Assistance;
64.124, All-Volunteer Force Educational
Assistance; 64.125, Vocational and
Educational Counseling for
Servicemembers and Veterans; 64.126,
Native American Veteran Direct Loan
Program; 64.127, Monthly Allowance
for Children of Vietnam Veterans Born
with Spina Bifida; and 64.128,
Vocational Training and Rehabilitation
for Vietnam Veterans’ Children with
Spina Bifida or Other Covered Birth
Defects.
List of Subjects in 38 CFR Parts 19 and
20
Administrative practice and
procedure, Claims, Veterans.
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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules
Approved: November 30, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
For the reasons set forth in the
preamble, VA proposes to amend 38
CFR parts 19 and 20 as follows:
PART 19—BOARD OF VETERANS’
APPEALS: APPEALS REGULATIONS
1. The authority citation for part 19
continues to read as follows:
Authority: 38 U.S.C. 501(a), unless
otherwise noted.
Subpart B—Appeals Processing by
Agency of Original Jurisdiction
§ 19.38
[Amended]
2. Section 19.38 is amended by
removing ‘‘60-day’’ and adding, in its
place, ‘‘30-day’’.
PART 20—BOARD OF VETERANS’
APPEALS: RULES OF PRACTICE
3. The authority citation for part 20
continues to read as follows:
Authority: 38 U.S.C. 501(a) and as noted in
specific sections.
Subpart D—Filing
§ 20.302
[Amended]
4. Section 20.302(c) is amended by
removing ‘‘60’’ and adding, in its place,
‘‘30’’.
§ 20.303
[Amended]
5. Section 20.303 is amended by
removing ‘‘or the 60-day period for
responding to a Supplemental
Statement of the Case’’ and adding, in
its place, ‘‘or the 30-day period for
responding to a Supplemental
Statement of the Case’’.
[FR Doc. E7–5435 Filed 3–23–07; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 272
[EPA–R02–RCRA–2006–0518; FRL–8278–1
New York: Incorporation by Reference
of State Hazardous Waste Management
Program
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
SUMMARY: The EPA proposes to revise
the codification of New York’s
authorized hazardous waste program
which is set forth in the regulations
entitled ‘‘Approved State Hazardous
Waste Management Programs’’, New
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York’s authorized hazardous waste
program. EPA will incorporate by
reference into the Code of Federal
Regulations (CFR) those provisions of
the State regulations that are authorized
and that EPA will enforce under the
Solid Waste Disposal Act, as amended
and commonly referred to as the
Resource Conservative and Recovery
Act (RCRA). In the ‘‘Rules and
Regulations’’ section of this Federal
Register, the EPA is codifying and
incorporating by reference the State’s
hazardous waste program as an
immediate final rule. EPA did not make
a proposal prior to the immediate final
rule because we believe these actions
are not controversial and do not expect
comments that oppose them. We have
explained the reasons for this
codification and incorporation by
reference in the preamble to the
immediate final rule. Unless we get
written comments which oppose this
incorporation by reference during the
comment period, the immediate final
rule will become effective on the date
indicated, and we will not take further
action on this proposal. If we get
comments that oppose these actions, we
will withdraw the immediate final rule
and it will not take effect. We will then
respond to public comments in a later
final rule based on this proposal. You
may not have another opportunity for
comment. If you want to comment on
this action, you must do so at this time.
DATES: Comments must be received on
or before April 25, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
RCRA–2006–0518, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: infurna.michael@epa.gov.
• Fax: (212) 637–3056.
• Mail: Send written comments to
Michael Infurna, Division of
Environmental Planning and Protection,
EPA, Region 2, 290 Broadway, 22nd
Floor, New York, NY 10007.
• Hand Delivery or Courier: Deliver
your comments to Michael Infurna,
Division of Environmental Planning and
Protection, EPA, Region 2, 290
Broadway, 22nd Floor, New York, NY
10007. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation. The public is
advised to call in advance to verify the
business hours. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R02–RCRA–2006–
0518. EPA’s policy is that all comments
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14059
received will be included in the public
docket without change, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The Federal
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties, and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Electronic files should avoid the use of
special characters or any form of
encryption, and be free of any defects or
viruses. (For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket are
listed in the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available on in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy.
You can inspect the records related to
this codification effort in the EPA
Region 2 Library by appointment only.
To make an appointment please call
(212) 637–3185.
FOR FURTHER INFORMATION CONTACT:
Michael Infurna, Division of
Environmental Planning and Protection,
EPA Region 2, 290 Broadway, 22nd
floor, New York, NY 10007; telephone
number (212) 637–4177; fax number:
(212) 637–437; e-mail address:
infurna.michael@epa.gov.
For
additional information please see the
immediate final rule published in the
SUPPLEMENTARY INFORMATION:
E:\FR\FM\26MRP1.SGM
26MRP1
]]>Agencies
[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Proposed Rules]
[Pages 14056-14059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5435]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 19 and 20
RIN 2900-AM49
Supplemental Statement of the Case
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
regulations regarding the time limit for filing a response to a
Supplemental Statement of the Case in appeals to the Board of Veterans'
Appeals (Board). We propose to change the response period
[[Page 14057]]
from 60 days to 30 days. The purpose of this change is to improve
efficiency in the appeals process and reduce the time that it takes to
resolve appeals while still providing appellants with a reasonable
period to respond to a Supplemental Statement of the Case.
DATES: Comments must be received by VA on or before May 25, 2007.
ADDRESSES: Written comments may be submitted through https://
www.Regulations.gov; by mail or hand-delivery to the Director,
Regulations Management (00REG), Department of Veterans Affairs, 810
Vermont Avenue, NW., Room 1068, Washington, DC 20420; or by fax to
(202) 273-9026. Comments should indicate that they are submitted in
response to ``RIN 2900-AM49--Supplemental Statement of the Case.''
Copies of comments received will be available for public inspection in
the Office of Regulation Policy and Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m. Monday through Friday (except holidays).
Please call (202) 273-9515 for an appointment. In addition, during the
comment period, comments may be viewed online through the Federal
Docket Management System (FDMS) at https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Senior Deputy Vice
Chairman, Board of Veterans' Appeals (012), Department of Veterans
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 565-5978.
SUPPLEMENTARY INFORMATION: The Board is an administrative body within
VA that decides appeals from denials by Agencies of Original
Jurisdiction (AOJs) of claims for veterans' benefits, as well as
occasional cases of original jurisdiction. The Board is under the
administrative control and supervision of a Chairman who is directly
responsible to the Secretary of Veterans Affairs. 38 U.S.C. 7101(a).
The Board's Appeals Regulations and Rules of Practice are found at 38
CFR parts 19 and 20.
An appeal to the Board is initiated by a timely filed Notice of
Disagreement and completed (also called ``perfected'') by a timely
filed Substantive Appeal after a Statement of the Case is furnished. 38
U.S.C. 7105(a); 38 CFR 20.200. Under applicable law, the AOJ provides
notice of any decision made by VA affecting the payment of benefits or
the granting of relief. 38 U.S.C. 5104; 38 CFR 3.103(b)(1). The
claimant has one year from the date of mailing that notice to file a
Notice of Disagreement. 38 U.S.C. 7105(b)(1); 38 CFR 20.302(a).
Following receipt of a timely Notice of Disagreement, the AOJ will
prepare a Statement of the Case, which must include: (1) A summary of
the evidence in the case pertinent to the issue or issues with which
disagreement has been expressed; (2) a citation to pertinent laws and
regulations and a discussion of how such laws and regulations affected
the AOJ's decision; and (3) the AOJ decision on each issue and a
summary of the reasons for such decision. 38 U.S.C. 7105(d)(1); 38 CFR
19.29. Except in cases of simultaneously contested claims, the claimant
has 60 days to file a Substantive Appeal in response to the Statement
of the Case or the remainder of the one-year period from the date of
notice of the decision being appealed, whichever period ends later. 38
U.S.C. 7105(d)(3); 38 CFR 20.302(b)(1). In simultaneously contested
claims, a Substantive Appeal and any response to a Supplemental
Statement of the Case must be filed within 30 days from the date of
mailing of the Statement of the Case and Supplemental Statement of the
Case, respectively. 38 U.S.C. 7105, 7105A(b); 38 CFR 20.501(b) and (c).
Often, the AOJ receives additional evidence in support of the
appeal after the Statement of the Case was issued but before the appeal
is certified for appellate review and transferred to the Board. If the
additional evidence is new (i.e., not duplicative of evidence
previously of record that was discussed in the Statement of the Case or
a prior Supplemental Statement of the Case) and relevant to the appeal,
the AOJ will prepare a document known as a Supplemental Statement of
the Case and furnish a copy to the appellant and his or her
representative, if any. 38 CFR 19.31(b)(1), 19.37(a). The purpose of a
Supplemental Statement of the Case is to inform the appellant of any
material changes in, or additions to, the information included in the
Statement of the Case or any prior Supplemental Statement of the Case.
38 CFR 19.31(a).
A Supplemental Statement of the Case will also be furnished if the
AOJ discovers a material defect in the Statement of the Case or a prior
Supplemental Statement of the Case, or determines that for any other
reason the Statement of the Case or a prior Supplemental Statement of
the Case is inadequate. 38 CFR 19.31(b). Additionally, if an appeal is
remanded by the Board to the AOJ and a claim cannot be granted on
remand, a Supplemental Statement of the Case is generally provided to
the appellant regarding that issue. 38 CFR 19.31(c), 19.38. Thereafter,
the case is returned to the Board.
Currently, 38 CFR 19.38, 20.302(c), and 20.303 provide information
regarding the Supplemental Statement of the Case. These regulations
indicate that appellants are allowed a period of 60 days from the date
of mailing of the Supplemental Statement of the Case to submit a
response. Moreover, under 38 CFR 20.303, an extension of the 60-day
period for responding to the Supplemental Statement of the Case, when
such a response is required, may be granted for good cause. We propose
to change the 60-day period in each of these regulations to 30 days, to
help expedite the appeals process while still providing appellants with
a reasonable period to respond. We believe that the beneficial effects
of the amendment will significantly outweigh any potential adverse
effects on appellants and we are soliciting comments on this point.
Unlike the Statement of the Case, which must contain specific
information about the evidence and issues in the case, the applicable
laws and regulations, and the reasons for each determination, a
Supplemental Statement of the Case is not required to contain the same
degree of detail. As its name implies, a Supplemental Statement of the
Case is a supplement to the Statement of the Case. The document is
intended to inform the appellant of any material changes to, or
additions to, the information included in the Statement of the Case. 38
CFR 19.31(a). In no case will a Supplemental Statement of the Case be
used to announce AOJ decisions on issues that were not previously
addressed in a Statement of the Case. 38 CFR 19.31(a). Therefore, due
to the limited purpose of a Supplemental Statement of the Case, less
time should be needed to respond to a Supplemental Statement of the
Case as compared to the Statement of the Case. In addition, under this
proposed rule change, an extension of the 30-day period for responding
to a Supplemental Statement of the Case may still be granted for good
cause. 38 CFR 20.303.
Significantly, provided that a Substantive Appeal has been timely
filed in accordance with 38 CFR 20.302(b), a response to a Supplemental
Statement of the Case is strictly optional and is not required to
perfect an appeal. 38 CFR 20.302(c). If there is no response to the
Supplemental Statement of the Case within the allowed period, any
remaining processing of the case can be completed and the appeal can be
certified and transferred to the Board. In practice, VA adjudicators
will hold the case for the full response period to allow the appellant
every opportunity to respond to the Supplemental Statement of the Case.
By reducing the response
[[Page 14058]]
period from 60 days to 30 days, VA can allow the case to move forward
faster than under current regulations, thus helping expedite the
adjudication of appealed cases. In addition to the 30-day period to
respond to the Supplemental Statement of the Case, once his or her
appeal has been certified and transferred to the Board, the appellant
typically still has 90 days to submit further evidence. 38 CFR
20.1304(a). Although 38 CFR 20.1304(a) states that the appellant has 90
days or until the Board promulgates a decision to submit evidence, as a
practical matter, with the exception of a limited class of cases, such
as cases that were advanced on the Board's docket pursuant to 38 U.S.C.
7107(a), the Board generally does not decide cases until after the 90-
day period has passed. This effectively provides most appellants with
the full 90 days to submit additional evidence. Moreover, under Sec.
20.1304(b), even after the 90-day period expires an appellant may still
move to submit additional evidence if he or she can demonstrate good
cause for the delayed submission.
This proposed rule would not affect the statutorily provided 60-day
period to respond to a Statement of the Case. Rather, this proposed
rule change is confined to the Supplemental Statement of the Case,
which is a document created solely by VA regulation to describe VA's
AOJ activity when, most commonly, after a Statement of the Case was
issued but before the appeal is certified and transferred to the Board,
non-duplicative evidence is received that is relevant to the issue or
issues on appeal, or when the AOJ plans to return a case to the Board
following a Board remand for further development.
For the reasons stated above, we propose to change the 60 day
period to respond to a Supplemental Statement of the Case to 30 days in
38 CFR 19.38, 20.302(c), and 20.303.
Paperwork Reduction Act
This document 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 proposed rule would 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. By reducing the period allowed for submitting an
optional response to a Supplemental Statement of the Case to 30 days,
this proposed rule would affect claimants for VA benefits who appeal to
the Board. It may also affect a few small organizations appealing to
the Board, including attorneys appealing the cancellation of their
accreditation by the VA General Counsel and accredited attorneys
appealing decisions affecting payment of their fees out of past-due
benefits awarded to VA claimants. This proposed rule may also affect a
few small governmental jurisdictions appealing to the Board, such as
state agencies appealing VA decisions on per diem payments for services
provided to veterans in state homes.
However, reducing the period permitted for submitting an optional
response to a Supplemental Statement of the Case would not have a
significant economic impact on a substantial number of these small
entities. Rather, it would expedite the processing of their appeals to
the Board. Therefore, pursuant to 5 U.S.C. 605(b), this proposed rule
is exempt from the initial and final regulatory flexibility analysis
requirement of 5 U.S.C. 603 and 604.
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 Executive
Order classifies a ``significant regulatory action,'' requiring review
by the Office of Management and Budget (OMB) unless OMB waives such
review, as any regulatory action that is likely to result in a rule
that may: (1) Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) Create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) Materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
Raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
The economic, interagency, budgetary, legal, and policy
implications of this proposed rule have been examined and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
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, 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 proposed rule would have no such
effect on State, local, and tribal governments, or on the private
sector.
Catalog of Federal Domestic Assistance Numbers
The Catalog of Federal Domestic Assistance program numbers and
titles for this proposal are 64.100, Automobiles and Adaptive Equipment
for Certain Disabled Veterans and Members of the Armed Forces; 64.101,
Burial Expenses Allowance for Veterans; 64.102, Compensation for
Service-Connected Deaths for Veterans' Dependents; 64.103, Life
Insurance for Veterans; 64.104, Pension for Non-Service-Connected
Disability for Veterans; 64.105, Pension to Veterans Surviving Spouses,
and Children; 64.106, Specially Adapted Housing for Disabled Veterans;
64.109, Veterans Compensation for Service-Connected Disability; 64.110,
Veterans Dependency and Indemnity Compensation for Service-Connected
Death; 64.114, Veterans Housing-Guaranteed and Insured Loans; 64.115,
Veterans Information and Assistance; 64.116, Vocational Rehabilitation
for Disabled Veterans; 64.117, Survivors and Dependents Educational
Assistance; 64.118, Veterans Housing-Direct Loans for Certain Disabled
Veterans; 64.119, Veterans Housing-Manufactured Home Loans; 64.120,
Post-Vietnam Era Veterans' Educational Assistance; 64.124, All-
Volunteer Force Educational Assistance; 64.125, Vocational and
Educational Counseling for Servicemembers and Veterans; 64.126, Native
American Veteran Direct Loan Program; 64.127, Monthly Allowance for
Children of Vietnam Veterans Born with Spina Bifida; and 64.128,
Vocational Training and Rehabilitation for Vietnam Veterans' Children
with Spina Bifida or Other Covered Birth Defects.
List of Subjects in 38 CFR Parts 19 and 20
Administrative practice and procedure, Claims, Veterans.
[[Page 14059]]
Approved: November 30, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
For the reasons set forth in the preamble, VA proposes to amend 38
CFR parts 19 and 20 as follows:
PART 19--BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS
1. The authority citation for part 19 continues to read as follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
Subpart B--Appeals Processing by Agency of Original Jurisdiction
Sec. 19.38 [Amended]
2. Section 19.38 is amended by removing ``60-day'' and adding, in
its place, ``30-day''.
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
3. The authority citation for part 20 continues to read as follows:
Authority: 38 U.S.C. 501(a) and as noted in specific sections.
Subpart D--Filing
Sec. 20.302 [Amended]
4. Section 20.302(c) is amended by removing ``60'' and adding, in
its place, ``30''.
Sec. 20.303 [Amended]
5. Section 20.303 is amended by removing ``or the 60-day period for
responding to a Supplemental Statement of the Case'' and adding, in its
place, ``or the 30-day period for responding to a Supplemental
Statement of the Case''.
[FR Doc. E7-5435 Filed 3-23-07; 8:45 am]
BILLING CODE 8320-01-P
