Removal of Obsolete References to Herbicides Containing Dioxin, 17857-17859 [2010-7792]
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Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
consideration, committees that the
legislature has authorized to conduct
inquiries into matters of public concern,
and committees charged with the
internal administration of the
legislature. For purposes of this section,
groups that are not considered
committees of the legislature include,
but are not limited to, groups that
promote particular issues, raise
campaign funds, or are caucuses of
members of a political party.
(5) Federal per diem. The Federal per
diem for any city and day is the
maximum amount allowable to
employees of the executive branch of
the Federal government for living
expenses while away from home in
pursuit of a trade or business in that city
on that day. See 5 U.S.C. 5702 and the
regulations under that section.
(e) Election—(1) Time for making
election. A taxpayer’s election under
section 162(h) must be made for each
taxable year for which the election is to
be in effect and must be made no later
than the due date (including extensions)
of the taxpayer’s Federal income tax
return for the taxable year.
(2) Manner of making election. A
taxpayer makes an election under
section 162(h) by attaching a statement
to the taxpayer’s income tax return for
the taxable year for which the election
is made. The statement must include—
(i) The taxpayer’s name, address, and
taxpayer identification number;
(ii) A statement that the taxpayer is
making an election under section
162(h); and
(iii) Information establishing that the
taxpayer is a state legislator entitled to
make the election, for example, a
statement identifying the taxpayer’s
state and legislative district and
representing that the taxpayer’s place of
residence in the legislative district is not
50 or fewer miles from the state capitol
building.
(3) Revocation of election. An election
under section 162(h) may be revoked
only with the consent of the
Commissioner. An application for
consent to revoke an election must be
signed by the taxpayer and filed with
the submission processing center with
which the election was filed, and must
include—
(i) The taxpayer’s name, address, and
taxpayer identification number;
(ii) A statement that the taxpayer is
revoking an election under section
162(h) for a specified year; and
(iii) A statement explaining why the
taxpayer seeks to revoke the election.
(f) Effect of election on otherwise
deductible expenses for travel away
from home—(1) Legislative days—(i)
Living expenses. For any legislative day
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for which an election under section
162(h) and this section is in effect, the
amount of an electing taxpayer’s living
expenses while away from home is the
greater of the amount of the living
expenses—
(A) Specified in paragraph (a)(2) of
this section in connection with the trade
or business of being a legislator; or
(B) Otherwise allowable under section
162(a)(2) in the pursuit of any trade or
business of the taxpayer.
(ii) Other expenses. For any legislative
day for which an election under section
162(h) and this section is in effect, the
amount of an electing taxpayer’s
expenses (other than living expenses)
for travel away from home is the sum of
the substantiated expenses, such as
expenses for travel fares, telephone
calls, and local transportation, that are
otherwise deductible under section
162(a)(2) in the pursuit of any trade or
business of the taxpayer.
(2) Non-legislative days. For any day
that is not a legislative day, the amount
of an electing taxpayer’s expenses
(including amounts for living expenses)
for travel away from home is the sum of
the substantiated expenses that are
otherwise deductible under section
162(a)(2) in the pursuit of any trade or
business of the taxpayer.
(g) Cross references. See § 1.62–
1T(e)(4) for rules regarding allocation of
unreimbursed expenses of state
legislators and section 274(n) for
limitations on the amount allowable as
a deduction for expenses for or allocable
to meals.
(h) Effective/applicability date. This
section applies to expenses paid or
incurred, or deemed expended under
section 162(h), in taxable years
beginning after April 8, 2010.
PART 301—PROCEDURE AND
ADMINISTRATION
Par. 3. The authority citation for part
301 continues to read in part as follows:
■
Authority: 26 U.S.C. 7805 * * *
§ 301.9100–4T
[Amended]
Par. 4. Section 301.9100–4T is
amended by removing from the table in
paragraph (a)(1) ‘‘section 127(a)’’, and
removing paragraph (a)(2)(iv).
■
PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 5. The authority citation for part
602 continues to read as follows:
■
Authority: 26 U.S.C. 7805.
Par. 6. In § 602.101, paragraph (b) is
amended to add in numerical order an
entry for ‘‘1.162–24’’ to read as follows:
■
PO 00000
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§ 602.101
*
OMB Control numbers.
*
*
(b) * * *
*
*
Current
OMB control
No.
CFR part or section where
identified and described
*
*
*
*
1.162–24 ...................................
*
*
*
*
1545–2115
*
*
Linda M. Kroening,
(Acting) Deputy Commissioner for Services
and Enforcement.
Approved: August 27, 2009.
Michael Mundaca,
(Acting) Assistant Secretary of the Treasury
(Tax Policy).
Editorial Note: This document was
received in the Office of the Federal Register
on April 2, 2010.
[FR Doc. 2010–7932 Filed 4–7–10; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 1
RIN 2900–AN56
Removal of Obsolete References to
Herbicides Containing Dioxin
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of Veterans
(VA) is amending its regulation
concerning evaluation of studies
relating to the health effects of exposure
to herbicides containing dioxin and
radiation to remove the obsolete
references to herbicides containing
dioxin. This final rule reflects changes
made by the Agent Orange Act of 1991
in the procedures for VA’s evaluation of
the health effects of exposure to
herbicides containing dioxin. This
document makes non-substantive
changes for the purpose of removing
obsolete regulatory provisions.
DATES: Effective Date: This final rule is
effective April 8, 2010.
FOR FURTHER INFORMATION CONTACT:
Tracey P. Warren (022K), Attorney,
Office of the General Counsel,
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 461–7699. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: In 1984,
Congress enacted the Veterans’ Dioxin
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Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
and Radiation Exposure Compensation
Standards Act, Public Law 98–542
(hereinafter ‘‘1984 statute’’), which
required VA to prescribe regulations
regarding the determination of service
connection of disabilities of veterans
who were exposed to herbicides
containing dioxin during service in the
Republic of Vietnam during the Vietnam
era or were exposed during service to
ionizing radiation from certain nuclear
detonations. Section 6 of the statute
established the Veterans’ Advisory
Committee on Environmental Hazards
(hereinafter ‘‘Advisory Committee’’) and
charged the Advisory Committee to
provide VA with evaluations of
pertinent scientific studies relating to
possible adverse health effects of
exposure to dioxin or ionizing radiation
and with recommendations for
legislative or administrative action.
Section 5(b) of the 1984 statute directed
VA to issue regulations establishing
guidelines ‘‘governing the evaluation of
the findings of scientific studies relating
to the possible increased risk of adverse
health effects of exposure to herbicides
containing dioxin or of exposure to
ionizing radiation.’’ Section 5(b) further
provided that the referenced evaluations
of scientific studies would be made by
the Administrator (now Secretary) of
Veterans Affairs after receiving the
advice of the Advisory Committee
established under section 6 of the 1984
statute. Finally, section 5(b) provided
that, under the prescribed regulations,
VA would make determinations as to
whether, and in what circumstances,
service connection would be granted for
particular diseases based on a finding
that a disease is associated with
exposure to herbicides containing
dioxin or to ionizing radiation.
In August 1985, VA issued 38 CFR
1.17, 3.311a, and 3.311b to implement
section 5(b) of the 1984 statute. 50 FR
34,452 (Aug. 26, 1985). Sections 3.311a
and 3.311b set forth criteria governing
adjudication of claims for service
connection of conditions claimed to be
associated with exposure to herbicides
containing dioxin and to ionizing
radiation, respectively. As they do
currently, § 1.17(a) stated that VA will
periodically publish notices in the
Federal Register evaluating studies
pertaining to the health effects of
exposure to herbicides containing
dioxin or to ionizing radiation, and
§ 1.17(b) set forth the criteria to be used
by VA to evaluate the studies. Section
1.17(c) was added in 1989, 54 FR 40,388
(Oct. 2, 1989), stating that, if VA
determines, based on evaluation of
scientific or medical studies and after
receiving the advice of the Advisory
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Committee, that there is a ‘‘significant
statistical association’’ between any
disease and exposure to herbicides
containing dioxin or to ionizing
radiation, VA will amend 38 CFR 3.311a
or 3.311b to provide guidelines for
establishing service connection for the
disease.
After VA issued those regulations,
Congress enacted the Agent Orange Act
of 1991, Public Law 102–4, which
established an entirely new process for
evaluating the health effects of exposure
to herbicides containing dioxin and for
establishing presumptions of service
connection for diseases associated with
such exposure. Section 3 of the Agent
Orange Act directed VA to enter into an
agreement with the National Academy
of Sciences for periodic reviews of the
scientific evidence concerning the
health effects of exposure to herbicides.
Section 2 of the Agent Orange Act,
codified at 38 U.S.C. 1116, provides
that, after receiving a report from the
National Academy, VA must determine
whether a presumption of service
connection is warranted for any disease
discussed in that report. The statute
provides that VA will find a
presumption to be warranted if there is
a ‘‘positive association’’ between
herbicide exposure and the disease,
meaning that the credible evidence for
an association is equal to or outweighs
the credible evidence against an
association. 38 U.S.C. 1116(b). The
statute further specifies the criteria VA
must use in evaluating scientific studies
for purposes of that determination. 38
U.S.C. 1116(b)(2). The Agent Orange Act
also directs VA to issue regulations
establishing presumptions of service
connection, when warranted, and to
publish notices in the Federal Register
explaining the basis for any decision not
to establish a presumption. 38 U.S.C.
1116(c).
Section 10 of the Agent Orange Act
amended the 1984 statute to remove all
references to herbicides containing
dioxin. As a result, the provisions of the
1984 statute regarding recommendations
by the Advisory Committee, VA’s
evaluation of scientific studies, and VA
determinations with respect to specific
diseases, are obsolete with regard to
matters involving herbicide exposure,
which are now governed by the
comprehensive statutory scheme of the
Agent Orange Act.
In 1994, VA removed 38 CFR 3.311a,
the dioxin regulation issued under the
1984 statute, 59 FR 5105 (Feb. 3, 1994),
on the ground that it had been
superseded by regulations
implementing the Agent Orange Act of
1991. 58 FR 50,528, 50,529 (1993).
However, VA did not amend 38 CFR
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1.17 at that time to remove the portions
of § 1.17 that pertain to determinations
concerning exposure to herbicides
containing dioxin. We are therefore
amending § 1.17 now to remove the
obsolete provisions of that rule relating
to herbicides containing dioxin. As
explained above, the provisions of
§ 1.17 relating to herbicides containing
dioxin were based on provisions of the
1984 statute that have since been
repealed. The Agent Orange Act of 1991
has supplanted the procedures
described in § 1.17 with different
procedures in 38 U.S.C. 1116 governing
VA’s receipt and review of scientific
evidence, determinations with respect
to diseases, issuance of regulations, and
publication of notices in the Federal
Register. Accordingly, all of the
references to herbicides containing
dioxin in § 1.17 are outdated and have
no further effect. We are therefore
removing them as obsolete.
Nothing in this rule is intended to
limit or alter VA’s duty under the Agent
Orange Act of 1991, codified at 38
U.S.C. 1116, to review scientific and
medical evidence concerning the health
effects of herbicide exposure and to
publish notices in the Federal Register
of VA’s determinations on such matters.
Administrative Procedure Act
These amendments merely reflect
statutory changes and remove
provisions that have become obsolete.
Accordingly, this final rule is exempt
from the prior notice-and-comment and
delayed-effective-date requirements of 5
U.S.C. 553.
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
year. This amendment would have no
such effect on State, local, and tribal
governments, or on the private sector.
Paperwork Reduction Act
This document contains no
collections of information under the
Paperwork Reduction Act (44 U.S.C.
3501–3521).
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
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Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies as 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.
VA has examined the economic,
interagency, budgetary, legal, and policy
implications of this final rule and has
concluded that it is not a significant
regulatory action under Executive Order
12866.
sroberts on DSKD5P82C1PROD with RULES
Regulatory Flexibility Act
The initial and final regulatory
flexibility analyses requirements of
section 603 and 604 of the Regulatory
Flexibility Act, 5 U.S.C. 601–612, are
not applicable to this rule because a
notice of proposed rulemaking is not
required for this rule. Even so, the
Secretary of Veterans Affairs 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. Therefore, this final rule
is also exempt pursuant to 5 U.S.C.
605(b) from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
Numbers
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.109, Veterans Compensation for
Service-Connected Disability; and
64.110, Veterans Dependency and
Indemnity Compensation for ServiceConnected Death.
List of Subjects in 38 CFR Part 1
Administrative practice and
procedure, Archives and records,
Cemeteries, Claims, Courts, Crime,
Flags, Freedom of information,
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17:39 Apr 07, 2010
Jkt 220001
Government contracts, Government
employees, Government property,
Infants and children, Inventions and
patents, Parking, Penalties, Privacy,
Reporting and recordkeeping
requirements, Seals and insignia,
Security measures, Wages.
Approved: February 16, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
For the reasons set forth in the
preamble, VA amends 38 CFR part 1 as
follows:
■
PART 1—GENERAL PROVISIONS
1. The authority citation for part 1
continues to read as follows:
■
Authority: 38 U.S.C. 501(a), and as noted
in specific sections.
2. Amend § 1.17 by:
a. Revising the section heading;
b. In paragraph (a), removing
‘‘exposure to an herbicide containing 2,
3, 7, 8 tetrachlorodibenzo-p-dioxin
(dioxin) and/or’’;
■ c. In paragraph (c), removing
‘‘exposure to an herbicide containing
dioxin or’’ and by removing, ‘‘§ 3.311a or
§ 3.311b of this title, as appropriate,’’
and adding, in its place, ‘‘§ 3.311 of this
chapter’’;
■ d. In paragraphs (d)(1) and (d)(4),
removing ‘‘a particular type of exposure’’
and adding, in its place, ‘‘exposure to
ionizing radiation’’;
■ e. In paragraph (f), removing ‘‘a
particular exposure’’ and adding, in its
place, ‘‘exposure to ionizing radiation’’;
and
■ f. Revising the authority citation at the
end of the section.
The revisions read as follows:
■
■
■
§ 1.17 Evaluation of studies relating to
health effects of radiation exposure.
*
*
*
*
*
(Authority: 38 U.S.C. 501; Pub. L. 98–542, as
amended by Pub. L. 102–4)
[FR Doc. 2010–7792 Filed 4–7–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 59
RIN 2900–AM70
Grants to States for Construction or
Acquisition of State Home Facilities—
Update of Authorized Beds
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document adopts as a
final rule the proposed rule to amend
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17859
Department of Veterans Affairs (VA)
regulations regarding grants to States for
construction or acquisition of State
homes. This final rule updates the
maximum number of nursing home and
domiciliary beds designated for each
State and amends the definition of
‘‘State’’ for purposes of these grants to
include Guam, the Northern Mariana
Islands, and American Samoa.
DATES: Effective Date: This final rule is
effective May 10, 2010.
FOR FURTHER INFORMATION CONTACT:
James F. Burris, MD, Chief Consultant,
Geriatrics and Extended Care State
Home Construction Grant Program
(114), Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 461–6774.
SUPPLEMENTARY INFORMATION: In a
document published in the Federal
Register on July 10, 2009 (74 FR 33192),
VA proposed to amend its regulations at
38 CFR part 59 concerning grants to
States for the construction or acquisition
of State home facilities.
Section 8134(a)(2) of title 38, U.S.C.,
mandates that VA prescribe for each
State the maximum number of nursing
home and domiciliary beds for which
grants may be furnished. Section
8134(a)(4) requires that, not less often
than every four years, VA must review
and, as necessary, revise the regulations
concerning the maximum number of
State home beds designated for each
State. In 2001, VA established the
maximum number of State home beds
for each State based on the projected
demand for such beds in 2009, as
required under section 8134(a)(2). VA
now believes that Congress intended VA
to recalculate the maximum number of
beds for each State based on the
projected demand for care ten years in
the future and that this method would
be consistent with the statutory
requirement for establishing maximum
State home bed numbers. Accordingly,
VA proposed to revise the maximum
number of nursing home and
domiciliary beds for each State, for
which grants may be furnished, based
on the projected demand from veterans
who, in 2020, are 65 years of age or
older and reside in that State.
To compute the maximum number of
beds for each State, we first estimated
that there would be a total population
of 8,672,045 veterans 65 years of age or
older residing in all the States, projected
to the year 2020. We then estimated that
there would be a total demand of 55,299
State home beds nationwide in 2009.
We then allocated the 55,299 beds based
on the percentage of veterans who in
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]]>Agencies
[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Rules and Regulations]
[Pages 17857-17859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7792]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 1
RIN 2900-AN56
Removal of Obsolete References to Herbicides Containing Dioxin
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans (VA) is amending its regulation
concerning evaluation of studies relating to the health effects of
exposure to herbicides containing dioxin and radiation to remove the
obsolete references to herbicides containing dioxin. This final rule
reflects changes made by the Agent Orange Act of 1991 in the procedures
for VA's evaluation of the health effects of exposure to herbicides
containing dioxin. This document makes non-substantive changes for the
purpose of removing obsolete regulatory provisions.
DATES: Effective Date: This final rule is effective April 8, 2010.
FOR FURTHER INFORMATION CONTACT: Tracey P. Warren (022K), Attorney,
Office of the General Counsel, Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC 20420, (202) 461-7699. (This is not
a toll-free number.)
SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Veterans'
Dioxin
[[Page 17858]]
and Radiation Exposure Compensation Standards Act, Public Law 98-542
(hereinafter ``1984 statute''), which required VA to prescribe
regulations regarding the determination of service connection of
disabilities of veterans who were exposed to herbicides containing
dioxin during service in the Republic of Vietnam during the Vietnam era
or were exposed during service to ionizing radiation from certain
nuclear detonations. Section 6 of the statute established the Veterans'
Advisory Committee on Environmental Hazards (hereinafter ``Advisory
Committee'') and charged the Advisory Committee to provide VA with
evaluations of pertinent scientific studies relating to possible
adverse health effects of exposure to dioxin or ionizing radiation and
with recommendations for legislative or administrative action. Section
5(b) of the 1984 statute directed VA to issue regulations establishing
guidelines ``governing the evaluation of the findings of scientific
studies relating to the possible increased risk of adverse health
effects of exposure to herbicides containing dioxin or of exposure to
ionizing radiation.'' Section 5(b) further provided that the referenced
evaluations of scientific studies would be made by the Administrator
(now Secretary) of Veterans Affairs after receiving the advice of the
Advisory Committee established under section 6 of the 1984 statute.
Finally, section 5(b) provided that, under the prescribed regulations,
VA would make determinations as to whether, and in what circumstances,
service connection would be granted for particular diseases based on a
finding that a disease is associated with exposure to herbicides
containing dioxin or to ionizing radiation.
In August 1985, VA issued 38 CFR 1.17, 3.311a, and 3.311b to
implement section 5(b) of the 1984 statute. 50 FR 34,452 (Aug. 26,
1985). Sections 3.311a and 3.311b set forth criteria governing
adjudication of claims for service connection of conditions claimed to
be associated with exposure to herbicides containing dioxin and to
ionizing radiation, respectively. As they do currently, Sec. 1.17(a)
stated that VA will periodically publish notices in the Federal
Register evaluating studies pertaining to the health effects of
exposure to herbicides containing dioxin or to ionizing radiation, and
Sec. 1.17(b) set forth the criteria to be used by VA to evaluate the
studies. Section 1.17(c) was added in 1989, 54 FR 40,388 (Oct. 2,
1989), stating that, if VA determines, based on evaluation of
scientific or medical studies and after receiving the advice of the
Advisory Committee, that there is a ``significant statistical
association'' between any disease and exposure to herbicides containing
dioxin or to ionizing radiation, VA will amend 38 CFR 3.311a or 3.311b
to provide guidelines for establishing service connection for the
disease.
After VA issued those regulations, Congress enacted the Agent
Orange Act of 1991, Public Law 102-4, which established an entirely new
process for evaluating the health effects of exposure to herbicides
containing dioxin and for establishing presumptions of service
connection for diseases associated with such exposure. Section 3 of the
Agent Orange Act directed VA to enter into an agreement with the
National Academy of Sciences for periodic reviews of the scientific
evidence concerning the health effects of exposure to herbicides.
Section 2 of the Agent Orange Act, codified at 38 U.S.C. 1116, provides
that, after receiving a report from the National Academy, VA must
determine whether a presumption of service connection is warranted for
any disease discussed in that report. The statute provides that VA will
find a presumption to be warranted if there is a ``positive
association'' between herbicide exposure and the disease, meaning that
the credible evidence for an association is equal to or outweighs the
credible evidence against an association. 38 U.S.C. 1116(b). The
statute further specifies the criteria VA must use in evaluating
scientific studies for purposes of that determination. 38 U.S.C.
1116(b)(2). The Agent Orange Act also directs VA to issue regulations
establishing presumptions of service connection, when warranted, and to
publish notices in the Federal Register explaining the basis for any
decision not to establish a presumption. 38 U.S.C. 1116(c).
Section 10 of the Agent Orange Act amended the 1984 statute to
remove all references to herbicides containing dioxin. As a result, the
provisions of the 1984 statute regarding recommendations by the
Advisory Committee, VA's evaluation of scientific studies, and VA
determinations with respect to specific diseases, are obsolete with
regard to matters involving herbicide exposure, which are now governed
by the comprehensive statutory scheme of the Agent Orange Act.
In 1994, VA removed 38 CFR 3.311a, the dioxin regulation issued
under the 1984 statute, 59 FR 5105 (Feb. 3, 1994), on the ground that
it had been superseded by regulations implementing the Agent Orange Act
of 1991. 58 FR 50,528, 50,529 (1993). However, VA did not amend 38 CFR
1.17 at that time to remove the portions of Sec. 1.17 that pertain to
determinations concerning exposure to herbicides containing dioxin. We
are therefore amending Sec. 1.17 now to remove the obsolete provisions
of that rule relating to herbicides containing dioxin. As explained
above, the provisions of Sec. 1.17 relating to herbicides containing
dioxin were based on provisions of the 1984 statute that have since
been repealed. The Agent Orange Act of 1991 has supplanted the
procedures described in Sec. 1.17 with different procedures in 38
U.S.C. 1116 governing VA's receipt and review of scientific evidence,
determinations with respect to diseases, issuance of regulations, and
publication of notices in the Federal Register. Accordingly, all of the
references to herbicides containing dioxin in Sec. 1.17 are outdated
and have no further effect. We are therefore removing them as obsolete.
Nothing in this rule is intended to limit or alter VA's duty under
the Agent Orange Act of 1991, codified at 38 U.S.C. 1116, to review
scientific and medical evidence concerning the health effects of
herbicide exposure and to publish notices in the Federal Register of
VA's determinations on such matters.
Administrative Procedure Act
These amendments merely reflect statutory changes and remove
provisions that have become obsolete. Accordingly, this final rule is
exempt from the prior notice-and-comment and delayed-effective-date
requirements of 5 U.S.C. 553.
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 year. This amendment would have no such effect on
State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This document contains no collections of information under the
Paperwork Reduction Act (44 U.S.C. 3501-3521).
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
[[Page 17859]]
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity). The Executive Order
classifies as 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.
VA has examined the economic, interagency, budgetary, legal, and
policy implications of this final rule and has concluded that it is not
a significant regulatory action under Executive Order 12866.
Regulatory Flexibility Act
The initial and final regulatory flexibility analyses requirements
of section 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, are not applicable to this rule because a notice of proposed
rulemaking is not required for this rule. Even so, the Secretary of
Veterans Affairs 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. Therefore, this
final rule is also exempt pursuant to 5 U.S.C. 605(b) from the initial
and final regulatory flexibility analysis requirements of sections 603
and 604.
Catalog of Federal Domestic Assistance Numbers
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.109, Veterans
Compensation for Service-Connected Disability; and 64.110, Veterans
Dependency and Indemnity Compensation for Service-Connected Death.
List of Subjects in 38 CFR Part 1
Administrative practice and procedure, Archives and records,
Cemeteries, Claims, Courts, Crime, Flags, Freedom of information,
Government contracts, Government employees, Government property,
Infants and children, Inventions and patents, Parking, Penalties,
Privacy, Reporting and recordkeeping requirements, Seals and insignia,
Security measures, Wages.
Approved: February 16, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
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For the reasons set forth in the preamble, VA amends 38 CFR part 1 as
follows:
PART 1--GENERAL PROVISIONS
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1. The authority citation for part 1 continues to read as follows:
Authority: 38 U.S.C. 501(a), and as noted in specific sections.
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2. Amend Sec. 1.17 by:
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a. Revising the section heading;
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b. In paragraph (a), removing ``exposure to an herbicide containing 2,
3, 7, 8 tetrachlorodibenzo-p-dioxin (dioxin) and/or'';
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c. In paragraph (c), removing ``exposure to an herbicide containing
dioxin or'' and by removing, ``Sec. 3.311a or Sec. 3.311b of this
title, as appropriate,'' and adding, in its place, ``Sec. 3.311 of
this chapter'';
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d. In paragraphs (d)(1) and (d)(4), removing ``a particular type of
exposure'' and adding, in its place, ``exposure to ionizing
radiation'';
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e. In paragraph (f), removing ``a particular exposure'' and adding, in
its place, ``exposure to ionizing radiation''; and
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f. Revising the authority citation at the end of the section.
The revisions read as follows:
Sec. 1.17 Evaluation of studies relating to health effects of
radiation exposure.
* * * * *
(Authority: 38 U.S.C. 501; Pub. L. 98-542, as amended by Pub. L.
102-4)
[FR Doc. 2010-7792 Filed 4-7-10; 8:45 am]
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