Schedule for Rating Disabilities; Evaluation of Scars; Correction, 2909-2910 [2012-1001]

Download as PDF 2909 Rules and Regulations Federal Register Vol. 77, No. 13 Friday, January 20, 2012 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. DEPARTMENT OF VETERANS AFFAIRS The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. Schedule for Rating Disabilities; Evaluation of Scars; Correction 38 CFR Part 4 RIN 2900–AM55 ACTION: 17 CFR Part 43 RIN 3038–AD08 Real-Time Public Reporting of Swap Transaction Data Commodity Futures Trading Commission. AGENCY: Final rule; correction. This document corrects language in the final rule published in the Federal Register of Monday, January 9, 2012, regarding the Real-Time Public Reporting of Swap Transaction Data. The Commission adopted rules to implement a framework for the real-time public reporting of swap transaction and pricing data for all swap transactions. SUMMARY: DATES: Effective March 9, 2012. FOR FURTHER INFORMATION CONTACT: Jeffrey L. Steiner, Special Counsel, Division of Market Oversight (‘‘DMO’’), at (202) 418–5482 or jsteiner@cftc.gov; or Susan Nathan, Senior Special Counsel, DMO, at (202) 418–5133 or snathan@cftc.gov. wreier-aviles on DSK5TPTVN1PROD with RULES Correction In the final rule, FR Doc. 2011–33173, on page 1228 in the issue of Monday, January 9, 2012, the following correction is made: On page 1228 in the middle column, beginning on the twelfth line from the top, the text ‘‘(1) July 16, 2012 of this Adopting Release in the Federal Register,’’ is corrected to read ‘‘(1) July 16, 2012,’’. Dated: January 13, 2012. David A. Stawick, Secretary of the Commission. [FR Doc. 2012–1031 Filed 1–19–12; 8:45 am] BILLING CODE P VerDate Mar<15>2010 13:09 Jan 19, 2012 Jkt 226001 The Department of Veterans Affairs (VA) published in the Federal Register of September 23, 2008, a document amending its Schedule for Rating Disabilities by revising that portion of the Schedule that addresses the Skin, so that it more clearly reflected VA’s policies concerning the evaluation of scars. In the preamble of that document, VA incorrectly stated the applicability date. VA made a similar error in the first sentence of the introductory paragraph of 38 CFR 4.118. This document corrects the error in the introductory paragraph of § 4.118. DATES: This correction is effective January 20, 2012. FOR FURTHER INFORMATION CONTACT: William F. Russo, Deputy Director, Office of Regulation Policy & Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, or call (202) 461–4902 (not a toll-free number). SUPPLEMENTARY INFORMATION: On September 23, 2008, VA published in the Federal Register (73 FR 54708), an amendment to that portion of the Schedule for Rating Disabilities that addresses the Skin, 38 CFR 4.118, by revising the criteria for the evaluation of scars. In the DATES section of the rule document, we incorrectly stated the applicability date. As published, the relevant portion of the applicability date paragraph read, ‘‘This amendment shall apply to all applications for benefits received by VA on or after October 23, 2008. A veteran whom VA rated before such date under diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805 of 38 CFR 4.118 may request review under these clarified criteria * * *.’’ We made a similar error by amending 38 CFR 4.118 to state, ‘‘A veteran who VA rated under diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805 before October 23, 2008 can request review under diagnostic codes 7800, 7801, 7802, 7804, and 7805 * * *.’’ SUMMARY: COMMODITY FUTURES TRADING COMMISSION ACTION: Department of Veterans Affairs. Correcting amendment. AGENCY: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 As a result of the errors in the applicability date and in amended § 4.118, the rule document and the regulation are unclear about whether veterans whose claims were filed before October 23, 2008, but were not rated before that date may request review under the new criteria. A strict, literal reading of the applicability-date language and § 4.118 might suggest that veterans with such unrated claims would be rated under the old criteria with no opportunity to request review under the new criteria. We intended such claims to be rated under the old criteria subject to the right of the claimant to request review under the revised criteria. Neither the applicability-date language nor § 4.118 addressed whether veterans with such claims may request review. We did not intend the strict reading because it would be irrational to deny the opportunity for review under the new criteria to persons whose pending claims had not yet been rated before October 23, 2008, while providing the opportunity to persons whose claims had been rated, even though all of the claims had been filed before that date. This correction document revises the introductory sentence of § 4.118 to state, in pertinent part, ‘‘A veteran whose scars were rated by VA under a prior version of diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805, as in effect before October 23, 2008, may request review under diagnostic codes 7800, 7801, 7802, 7804, and 7805 * * *.’’ Note that the ‘‘rated by VA under a prior version’’ language would encompass claims that have received an initial rating but are still pending in the appeals process. List of Subjects in 38 CFR Part 4 Disability benefits, Pensions, Veterans. Approved: William F. Russo, Deputy Director, Office of Regulation Policy & Management, Office of the General Counsel, Department of Veterans Affairs. For the reason set out in the preamble, VA is correcting 38 CFR Part 4 as follows: PART 4—SCHEDULE FOR RATING DISABILITIES 1. The authority citation for part 4 continues to read as follows: ■ E:\FR\FM\20JAR1.SGM 20JAR1 2910 Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Rules and Regulations Authority: 38 U.S.C. 1155, unless otherwise noted. Subpart B—Disability Ratings 2. In the introductory paragraph of § 4.118, revise the first sentence to read as follows: ■ § 4.118 Schedule of ratings—skin. A veteran whose scars were rated by VA under a prior version of diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805, as in effect before October 23, 2008, may request review under diagnostic codes 7800, 7801, 7802, 7804, and 7805, irrespective of whether his or her disability has worsened since the last review. * * * * * * * * [FR Doc. 2012–1001 Filed 1–19–12; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 4 RIN 2900–AM55 Schedule for Rating Disabilities; Evaluation of Scars; Correction Department of Veterans Affairs. Final rule; correction. AGENCY: ACTION: The Department of Veterans Affairs (VA) published in the Federal Register of September 23, 2008, a document amending its Schedule for Rating Disabilities by revising that portion of the Schedule that addresses the Skin, so that it more clearly reflected VA’s policies concerning the evaluation of scars. In the preamble of that document, VA incorrectly stated the applicability date. VA made a similar error in the first sentence of the introductory paragraph of 38 CFR 4.118. This document corrects the error in the applicability date. DATES: This correction is effective January 20, 2012. The applicability date of rule document E8–21980 on page 54708 in the issue of Tuesday, September 23, 2008, is corrected as of October 23, 2008. FOR FURTHER INFORMATION CONTACT: William F. Russo, Deputy Director, Office of Regulation Policy & Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, or call (202) 461–4902 (not a toll-free number). SUPPLEMENTARY INFORMATION: On September 23, 2008, VA published in the Federal Register (73 FR 54708), an amendment to that portion of the Schedule for Rating Disabilities that wreier-aviles on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 13:09 Jan 19, 2012 Jkt 226001 addresses the Skin, 38 CFR 4.118, by revising the criteria for the evaluation of scars. In the DATES section of the rule document, we incorrectly stated the applicability date. As published, the relevant portion of the applicability date paragraph read, ‘‘This amendment shall apply to all applications for benefits received by VA on or after October 23, 2008. A veteran whom VA rated before such date under diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805 of 38 CFR 4.118 may request review under these clarified criteria * * *.’’ We made a similar error by amending 38 CFR 4.118 to state, ‘‘A veteran who VA rated under diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805 before October 23, 2008 can request review under diagnostic codes 7800, 7801, 7802, 7804, and 7805 * * *.’’ As a result of the errors in the applicability date and in amended § 4.118, the rule document and the regulation are unclear about whether veterans whose claims were filed before October 23, 2008, but were not rated before that date may request review under the new criteria. A strict, literal reading of the applicability-date language and § 4.118 might suggest that veterans with such unrated claims would be rated under the old criteria with no opportunity to request review under the new criteria. We intended such claims to be rated under the old criteria subject to the right of the claimant to request review under the revised criteria. Neither the applicability-date language nor § 4.118 addressed whether veterans with such claims may request review. We did not intend the strict reading because it would be irrational to deny the opportunity for review under the new criteria to persons whose pending claims had not yet been rated before October 23, 2008, while providing the opportunity to persons whose claims had been rated, even though all of the claims had been filed before that date. This correction document adds a new second sentence to the applicability date paragraph, ‘‘The old criteria will apply to applications received by VA before that date.’’ To be consistent with the new second sentence, this correction document also revises the third sentence (the original second sentence) to state, ‘‘‘‘However, a veteran whose scars were rated by VA under a prior version of diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805 of 38 CFR 4.118, as in effect prior to the effective date of this rule, may request review under these clarified criteria, irrespective of whether his or her disability has worsened since the last review.’’ Note that the ‘‘rated by VA PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 under a prior version’’ language would encompass claims that have received an initial rating but are still pending in the appeals process. List of Subjects in 38 CFR Part 4 Disability benefits, Pensions, Veterans. William F. Russo, Deputy Director, Office of Regulation Policy & Management, Office of the General Counsel, Department of Veterans Affairs. For the reason set out in the preamble, in rule document E8–21980 on page 54708 in the issue of Tuesday, September 23, 2008, make the following corrections: 1. In the second column of page 54708, under the DATES section, in the Applicability Date paragraph, revise the second sentence to read, ‘‘However, a veteran whose scars were rated by VA under a prior version of diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805 of 38 CFR 4.118, as in effect prior to the effective date of this rule, may request review under these clarified criteria, irrespective of whether his or her disability has worsened since the last review.’’ 2. In the second column of page 54708, under the DATES section, in the Applicability Date paragraph, add as a new second sentence, ‘‘The old criteria will apply to applications received by VA before that date.’’ [FR Doc. 2012–1002 Filed 1–19–12; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2010–0944; FRL–9334–3] Bacillus Amyloliquefaciens Strain D747; Exemption From the Requirement of a Tolerance; Technical Correction Environmental Protection Agency (EPA). ACTION: Final rule; technical correction. AGENCY: EPA issued a final rule in the Federal Register of January 6, 2012, concerning the establishment of an exemption from the requirement of a tolerance for residues of Bacillus amyloliquefaciens strain D747 (formerly known as Bacillus subtilis variant amyloliquefaciens strain D747). This document is being issued to correct the typographical error in the codified section number. DATES: This final rule is effective January 20, 2012. SUMMARY: E:\FR\FM\20JAR1.SGM 20JAR1

Agencies

[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Rules and Regulations]
[Pages 2909-2910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1001]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 4

RIN 2900-AM55


Schedule for Rating Disabilities; Evaluation of Scars; Correction

AGENCY: Department of Veterans Affairs.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) published in the 
Federal Register of September 23, 2008, a document amending its 
Schedule for Rating Disabilities by revising that portion of the 
Schedule that addresses the Skin, so that it more clearly reflected 
VA's policies concerning the evaluation of scars. In the preamble of 
that document, VA incorrectly stated the applicability date. VA made a 
similar error in the first sentence of the introductory paragraph of 38 
CFR 4.118. This document corrects the error in the introductory 
paragraph of Sec.  4.118.

DATES: This correction is effective January 20, 2012.

FOR FURTHER INFORMATION CONTACT: William F. Russo, Deputy Director, 
Office of Regulation Policy & Management (02REG), Department of 
Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, or call 
(202) 461-4902 (not a toll-free number).

SUPPLEMENTARY INFORMATION: On September 23, 2008, VA published in the 
Federal Register (73 FR 54708), an amendment to that portion of the 
Schedule for Rating Disabilities that addresses the Skin, 38 CFR 4.118, 
by revising the criteria for the evaluation of scars. In the DATES 
section of the rule document, we incorrectly stated the applicability 
date. As published, the relevant portion of the applicability date 
paragraph read, ``This amendment shall apply to all applications for 
benefits received by VA on or after October 23, 2008. A veteran whom VA 
rated before such date under diagnostic codes 7800, 7801, 7802, 7803, 
7804, or 7805 of 38 CFR 4.118 may request review under these clarified 
criteria * * *.'' We made a similar error by amending 38 CFR 4.118 to 
state, ``A veteran who VA rated under diagnostic codes 7800, 7801, 
7802, 7803, 7804, or 7805 before October 23, 2008 can request review 
under diagnostic codes 7800, 7801, 7802, 7804, and 7805 * * *.''
    As a result of the errors in the applicability date and in amended 
Sec.  4.118, the rule document and the regulation are unclear about 
whether veterans whose claims were filed before October 23, 2008, but 
were not rated before that date may request review under the new 
criteria. A strict, literal reading of the applicability-date language 
and Sec.  4.118 might suggest that veterans with such unrated claims 
would be rated under the old criteria with no opportunity to request 
review under the new criteria. We intended such claims to be rated 
under the old criteria subject to the right of the claimant to request 
review under the revised criteria. Neither the applicability-date 
language nor Sec.  4.118 addressed whether veterans with such claims 
may request review. We did not intend the strict reading because it 
would be irrational to deny the opportunity for review under the new 
criteria to persons whose pending claims had not yet been rated before 
October 23, 2008, while providing the opportunity to persons whose 
claims had been rated, even though all of the claims had been filed 
before that date.
    This correction document revises the introductory sentence of Sec.  
4.118 to state, in pertinent part, ``A veteran whose scars were rated 
by VA under a prior version of diagnostic codes 7800, 7801, 7802, 7803, 
7804, or 7805, as in effect before October 23, 2008, may request review 
under diagnostic codes 7800, 7801, 7802, 7804, and 7805 * * *.'' Note 
that the ``rated by VA under a prior version'' language would encompass 
claims that have received an initial rating but are still pending in 
the appeals process.

List of Subjects in 38 CFR Part 4

    Disability benefits, Pensions, Veterans.

Approved:
William F. Russo,
Deputy Director, Office of Regulation Policy & Management, Office of 
the General Counsel, Department of Veterans Affairs.

    For the reason set out in the preamble, VA is correcting 38 CFR 
Part 4 as follows:

PART 4--SCHEDULE FOR RATING DISABILITIES

0
1. The authority citation for part 4 continues to read as follows:


[[Page 2910]]


    Authority:  38 U.S.C. 1155, unless otherwise noted.

Subpart B--Disability Ratings

0
2. In the introductory paragraph of Sec.  4.118, revise the first 
sentence to read as follows:


Sec.  4.118  Schedule of ratings--skin.

    A veteran whose scars were rated by VA under a prior version of 
diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805, as in effect 
before October 23, 2008, may request review under diagnostic codes 
7800, 7801, 7802, 7804, and 7805, irrespective of whether his or her 
disability has worsened since the last review. * * *
* * * * *
[FR Doc. 2012-1001 Filed 1-19-12; 8:45 am]
BILLING CODE 8320-01-P
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