Rules Governing Hearings Before the Agency of Original Jurisdiction and the Board of Veterans' Appeals; Repeal of Prior Rule Change, 23128-23130 [2012-9295]
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23128
Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
the enforcement period for the regulated
area as well as any changes in the
planned schedule.
Dated: March 27, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2012–9375 Filed 4–17–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 3 and 20
RIN 2900–AO43
Rules Governing Hearings Before the
Agency of Original Jurisdiction and the
Board of Veterans’ Appeals; Repeal of
Prior Rule Change
Department of Veterans Affairs.
Direct final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is taking final action to
amend its hearing regulations to repeal
a prior amendment that specified that
the provisions regarding hearings before
the Agency of Original Jurisdiction
(AOJ) do not apply to hearings before
the Board of Veterans’ Appeals (Board).
This action is being taken because of
VA’s decision that the prior amendment
should have followed the notice-andcomment procedure of the
Administrative Procedure Act (APA).
DATES: This rule is effective June 18,
2012, without further notice, unless VA
receives a significant adverse comment
by May 18, 2012. If adverse comment is
received, VA will publish a timely
withdrawal of the rule in the Federal
Register.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Ave.
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–
AO43—Rules Governing Hearings
Before the Agency of Original
Jurisdiction and the Board of Veterans’
Appeals; Repeal of Prior Rule Change.’’
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) 461–4902 for an appointment
(this is not a toll-free number). In
addition, during the comment period,
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SUMMARY:
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comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Laura H. Eskenazi, Principal Deputy
Vice Chairman, Board of Veterans’
Appeals (01C2), Department of Veterans
Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420, (202) 632–4603.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On August
23, 2011, VA issued a final rule, ‘‘Rules
Governing Hearings Before the Agency
of Original Jurisdiction and the Board of
Veterans’ Appeals; Clarification,’’ 76 FR
52572 (RIN 2900–AO06), revising VA’s
regulations to specify that the
provisions governing hearings in 38 CFR
3.103 only apply to hearings conducted
before the AOJ and that the provisions
in part 20 govern hearings before the
Board. The revision was made because
of a decision by the United States Court
of Appeals for Veterans Claims (Court)
in Bryant v. Shinseki, 23 Vet. App. 488
(2010), which applied the provisions of
§ 3.103(c)(2) to a Board hearing. The
Bryant Court held that the provisions of
§ 3.103(c)(2) require a ‘‘Board hearing
officer’’ to ‘‘fully explain the issues still
outstanding that are relevant and
material to substantiating the claim’’
and to ‘‘suggest that a claimant submit
evidence on an issue material to
substantiating the claim when the
record is missing any evidence on that
issue or when the testimony at the
hearing raises an issue for which there
is no evidence in the record.’’ Id. at
496–97.
RIN 2900–AO06, among other things,
altered the language upon which the
Bryant Court relied. VA has determined
that RIN 2900–AO06 should have
followed the notice-and-comment
procedure of 5 U.S.C. 553(b) and (c) of
the APA. Accordingly, in this directfinal rule, VA is repealing the
amendments made by RIN 2900–AO06.
Based on the rationale set forth in this
preamble, VA amends, in part 3,
§ 3.103(a) and (c)(1), and, in part 20,
§ 20.706 and Appendix A, to return the
regulations to the language in effect
before August 23, 2011.
Administrative Procedure Act
VA believes this rule is noncontroversial, anticipates that this rule
will not result in any significant adverse
comment, and therefore is issuing it as
a direct final rule.
For purposes of the direct final
rulemaking, a significant adverse
comment is one that explains why the
rule would be inappropriate, including
challenges to the rule’s underlying
premise or approach, or why it would
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
be ineffective or unacceptable without a
change. In determining whether an
adverse comment is significant and
warrants withdrawing a direct final rule,
we will consider whether the comment
raises an issue serious enough to
warrant a substantive response in a
notice-and-comment process in
accordance with section 553 of the APA
(5 U.S.C. 553). Comments that are
frivolous, insubstantial, or outside the
scope of the rule will not be considered
adverse under this procedure. For
example, a comment recommending an
additional change to the rule will not be
considered a significant comment
unless the comment states why the rule
would be ineffective without the
additional change.
Under direct final rule procedures, if
no significant adverse comment is
received within the comment period,
the rule will become effective on the
date specified above. After the close of
the comment period, VA will publish a
document in the Federal Register
indicating that no significant adverse
comment was received and confirming
the effective date of the rule.
However, if any significant adverse
comment is received, VA will publish in
the Federal Register a notice
acknowledging receipt of a significant
adverse comment and withdrawing the
direct final rule. We will then publish
in the Federal Register a proposed rule
document, which will be substantially
identical to this direct final rule and
will serve as a proposal for the
amendments in this direct final rule.
Any comments received in response to
the direct final rule will be treated as
comments regarding the proposed rule.
VA will consider such comments in
developing a subsequent final rule.
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Regulatory Flexibility Act
The Secretary hereby certifies that
this regulatory amendment will not
have a significant economic impact on
a substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. This
rulemaking will not directly affect any
small entities. Only VA beneficiaries
will be directly affected. Therefore,
pursuant to 5 U.S.C. 605(b), this
amendment is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
E:\FR\FM\18APR1.SGM
18APR1
Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the 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
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ which requires
review by the Office of Management and
Budget (OMB), 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 this Executive Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined and it has been
determined not to be a significant
regulatory action under Executive Order
12866.
mstockstill on DSK4VPTVN1PROD with RULES
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
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
given year. This rule will have no such
effect on State, local, and tribal
governments, or on the private sector.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance program numbers and titles
for this rule are 64.027, Post-9/11
Veterans Educational Assistance;
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Jkt 226001
64.028, Post-9/11 Veterans Educational
Assistance; 64.032, Montgomery GI Bill
Selected Reserve; Reserve Educational
Assistance Program; 64.100,
Automobiles and Adaptive Equipment
for Certain Disabled Veterans and
Members of the Armed Forces; 64.101,
Burial Expenses Allowance for
Veterans; 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.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on April 10, 2012, for
publication.
List of Subjects
38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive
materials, Veterans, Vietnam.
38 CFR Part 20
Administrative practice and
procedure, Claims, Veterans.
PO 00000
Frm 00021
Fmt 4700
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23129
Dated: April 13, 2012.
Robert C. McFetridge,
Director of Regulation Policy and
Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reasons set forth in the
preamble, VA amends 38 CFR parts 3
and 20 as follows:
PART 3—ADJUDICATION
Subpart A—Pension, Compensation,
and Dependency and Indemnity
Compensation
1. The authority citation for part 3,
subpart A continues to read as follows:
■
Authority: 38 U.S.C. 501(a), unless
otherwise noted.
2. Amend § 3.103 by:
a. Removing the last two sentences of
paragraph (a) and adding, in its place,
‘‘The provisions of this section apply to
all claims for benefits and relief, and
decisions thereon, within the purview
of this part 3.’’.
■ b. Revising paragraph (c)(1).
The revision reads as follows:
■
■
§ 3.103 Procedural due process and
appellate rights.
*
*
*
*
*
(c) * * * (1) Upon request, a claimant
is entitled to a hearing at any time on
any issue involved in a claim within the
purview of part 3 of this chapter, subject
to the limitations described in § 20.1304
of this chapter with respect to hearings
in claims which have been certified to
the Board of Veterans’ Appeals for
appellate review. VA will provide the
place of hearing in the VA office having
original jurisdiction over the claim or at
the VA office nearest the claimant’s
home having adjudicative functions, or,
subject to available resources and solely
at the option of VA, at any other VA
facility or federal building at which
suitable hearing facilities are available.
VA will provide one or more employees
who have original determinative
authority of such issues to conduct the
hearing and be responsible for
establishment and preservation of the
hearing record. Hearings in connection
with proposed adverse actions and
appeals shall be held before one or more
VA employees having original
determinative authority who did not
participate in the proposed action or the
decision being appealed. All expenses
incurred by the claimant in connection
with the hearing are the responsibility
of the claimant.
*
*
*
*
*
E:\FR\FM\18APR1.SGM
18APR1
23130
Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
§ 20.706 Rule 706. Functions of the
presiding Member.
PART 20—BOARD OF VETERANS’
APPEALS: RULES OF PRACTICE
The presiding Member of a hearing
panel is responsible for the conduct of
the hearing, administration of the oath
or affirmation, and for ruling on
questions of procedure. The presiding
Member will assure that the course of
the hearing remains relevant to the
issue, or issues, on appeal and that there
is no cross-examination of the parties or
witnesses. The presiding Member will
take such steps as may be necessary to
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 H—Hearings on Appeal
■
4. Revise § 20.706 to read as follows:
Sec.
Cross-reference
20.1 ........................................................
38 CFR 3.103(a) ....................................
*
*
20.1304 ..................................................
38
38
38
38
38
CFR
CFR
CFR
CFR
CFR
[FR Doc. 2012–9295 Filed 4–17–12; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2011–0711; FRL–9660–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut; Determination of
Attainment of the One-hour Ozone
Standard for the Greater Connecticut
Area; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction of docket
number.
AGENCY:
This document corrects an
error in the docket number of a final
rule pertaining to a determination that
the Greater Connecticut serious onehour ozone nonattainment area did not
meet the applicable deadline of
November 15, 2007, for attaining the
one-hour National Ambient Air Quality
Standard (NAAQS) for ozone. In
addition, that same final rule
determined that the Greater Connecticut
serious one-hour ozone nonattainment
area is currently attaining the now
revoked one-hour NAAQS for ozone.
The correct docket number for this
action is EPA–R01–OAR–2011–0711.
DATES: This correction is effective on
April 18, 2012.
FOR FURTHER INFORMATION CONTACT:
Richard P. Burkhart, Air Quality
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SUMMARY:
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Statement of policy.
*
*
See also re hearings.
New and material evidence.
Reopened claim.
Rule 305. Computation of time limit for filing.
Rule 306. Legal holidays.
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square,
Suite 100, Boston, MA 02109–3912,
telephone number (617) 918–1664, fax
number (617) 918–0664, email Burkhart.
Richard@epa.gov.
SUPPLEMENTARY INFORMATION: On, March
16, 2012 (77 FR 15607), EPA published
a final rulemaking notice announcing
that the Greater Connecticut one-hour
ozone nonattainment area did not meet
its applicable one-hour ozone
attainment date of November 15, 2007,
based on 2005–2007 quality-assured
ozone monitoring data. Separate from
and independent of the first
determination, EPA also determined
that the Greater Connecticut one-hour
ozone nonattainment area is currently
attaining the one-hour ozone standard,
based on the most recent three years
(2008–2010) of complete, qualityassured ozone monitoring data at all
monitoring sites in the area. In the
March 16, 2012 final rulemaking, EPA
inadvertently stated an incorrect docket
number. The correct docket number for
this action is EPA–R01–OAR–2011–
0711. The Notice of Proposed
Rulemaking (NPR) for this action (76 FR
72377; November 23, 2011) included the
correct docket number. Thus, the public
had appropriate opportunity to
comment on the NPR.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone, Incorporation
by reference, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Frm 00022
Fmt 4700
APPENDIX A TO PART 20—CROSSREFERENCES
Title of cross-referenced material or comment
*
*
3.103(c), 20.700–20.717 ..........
3.156 ........................................
3.160(e) ....................................
20.305 ......................................
20.306 ......................................
PO 00000
maintain good order at hearings and
may terminate a hearing or direct that
the offending party leave the hearing if
an appellant, representative, or witness
persists in disruptive behavior.
■ 5. Amend the table in Appendix A to
Part 20 by:
■ a. Adding entry 20.1.
■ b. Revising entry 20.1304.
The revision and addition read as
follows:
Sfmt 4700
*
Dated: April 5, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2012–9222 Filed 4–17–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0243; FRL–9659–8]
Revisions to the California State
Implementation Plan, Northern Sierra
and Sacramento Metropolitan Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Northern Sierra Air Quality
Management District (NSAQMD) and
Sacramento Metropolitan Air Quality
Management District (SMAQMD)
portions of the California State
Implementation Plan (SIP). These
revisions concern negative declarations
for volatile organic compound (VOC)
source categories for the NSAQMD and
SMAQMD. We are approving these
negative declarations under the Clean
Air Act as amended in 1990 (CAA or the
Act).
DATES: This rule is effective on June 18,
2012 without further notice, unless EPA
receives adverse comments by May 18,
2012. If we receive such comments, we
will publish a timely withdrawal in the
Federal Register to notify the public
SUMMARY:
E:\FR\FM\18APR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Pages 23128-23130]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9295]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 3 and 20
RIN 2900-AO43
Rules Governing Hearings Before the Agency of Original
Jurisdiction and the Board of Veterans' Appeals; Repeal of Prior Rule
Change
AGENCY: Department of Veterans Affairs.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is taking final action
to amend its hearing regulations to repeal a prior amendment that
specified that the provisions regarding hearings before the Agency of
Original Jurisdiction (AOJ) do not apply to hearings before the Board
of Veterans' Appeals (Board). This action is being taken because of
VA's decision that the prior amendment should have followed the notice-
and-comment procedure of the Administrative Procedure Act (APA).
DATES: This rule is effective June 18, 2012, without further notice,
unless VA receives a significant adverse comment by May 18, 2012. If
adverse comment is received, VA will publish a timely withdrawal of the
rule in the Federal Register.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to the Director,
Regulations Management (02REG), Department of Veterans Affairs, 810
Vermont Ave. 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-AO43--Rules Governing Hearings Before the Agency of
Original Jurisdiction and the Board of Veterans' Appeals; Repeal of
Prior Rule Change.'' 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) 461-4902 for an appointment
(this is not a toll-free number). In addition, during the comment
period, comments may be viewed online through the Federal Docket
Management System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Laura H. Eskenazi, Principal Deputy
Vice Chairman, Board of Veterans' Appeals (01C2), Department of
Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202)
632-4603. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On August 23, 2011, VA issued a final rule,
``Rules Governing Hearings Before the Agency of Original Jurisdiction
and the Board of Veterans' Appeals; Clarification,'' 76 FR 52572 (RIN
2900-AO06), revising VA's regulations to specify that the provisions
governing hearings in 38 CFR 3.103 only apply to hearings conducted
before the AOJ and that the provisions in part 20 govern hearings
before the Board. The revision was made because of a decision by the
United States Court of Appeals for Veterans Claims (Court) in Bryant v.
Shinseki, 23 Vet. App. 488 (2010), which applied the provisions of
Sec. 3.103(c)(2) to a Board hearing. The Bryant Court held that the
provisions of Sec. 3.103(c)(2) require a ``Board hearing officer'' to
``fully explain the issues still outstanding that are relevant and
material to substantiating the claim'' and to ``suggest that a claimant
submit evidence on an issue material to substantiating the claim when
the record is missing any evidence on that issue or when the testimony
at the hearing raises an issue for which there is no evidence in the
record.'' Id. at 496-97.
RIN 2900-AO06, among other things, altered the language upon which
the Bryant Court relied. VA has determined that RIN 2900-AO06 should
have followed the notice-and-comment procedure of 5 U.S.C. 553(b) and
(c) of the APA. Accordingly, in this direct-final rule, VA is repealing
the amendments made by RIN 2900-AO06.
Based on the rationale set forth in this preamble, VA amends, in
part 3, Sec. 3.103(a) and (c)(1), and, in part 20, Sec. 20.706 and
Appendix A, to return the regulations to the language in effect before
August 23, 2011.
Administrative Procedure Act
VA believes this rule is non-controversial, anticipates that this
rule will not result in any significant adverse comment, and therefore
is issuing it as a direct final rule.
For purposes of the direct final rulemaking, a significant adverse
comment is one that explains why the rule would be inappropriate,
including challenges to the rule's underlying premise or approach, or
why it would be ineffective or unacceptable without a change. In
determining whether an adverse comment is significant and warrants
withdrawing a direct final rule, we will consider whether the comment
raises an issue serious enough to warrant a substantive response in a
notice-and-comment process in accordance with section 553 of the APA (5
U.S.C. 553). Comments that are frivolous, insubstantial, or outside the
scope of the rule will not be considered adverse under this procedure.
For example, a comment recommending an additional change to the rule
will not be considered a significant comment unless the comment states
why the rule would be ineffective without the additional change.
Under direct final rule procedures, if no significant adverse
comment is received within the comment period, the rule will become
effective on the date specified above. After the close of the comment
period, VA will publish a document in the Federal Register indicating
that no significant adverse comment was received and confirming the
effective date of the rule.
However, if any significant adverse comment is received, VA will
publish in the Federal Register a notice acknowledging receipt of a
significant adverse comment and withdrawing the direct final rule. We
will then publish in the Federal Register a proposed rule document,
which will be substantially identical to this direct final rule and
will serve as a proposal for the amendments in this direct final rule.
Any comments received in response to the direct final rule will be
treated as comments regarding the proposed rule. VA will consider such
comments in developing a subsequent final rule.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this regulatory amendment will
not have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act, 5
U.S.C. 601-612. This rulemaking will not directly affect any small
entities. Only VA beneficiaries will be directly affected. Therefore,
pursuant to 5 U.S.C. 605(b), this amendment is exempt from the initial
and final regulatory flexibility analysis requirements of sections 603
and 604.
[[Page 23129]]
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
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 effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' which requires review by the Office
of Management and Budget (OMB), 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
this Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this regulatory action 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 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 given year. This rule will have no such effect on
State, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance program numbers and
titles for this rule are 64.027, Post-9/11 Veterans Educational
Assistance; 64.028, Post-9/11 Veterans Educational Assistance; 64.032,
Montgomery GI Bill Selected Reserve; Reserve Educational Assistance
Program; 64.100, Automobiles and Adaptive Equipment for Certain
Disabled Veterans and Members of the Armed Forces; 64.101, Burial
Expenses Allowance for Veterans; 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.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on April 10, 2012, for publication.
List of Subjects
38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive materials, Veterans, Vietnam.
38 CFR Part 20
Administrative practice and procedure, Claims, Veterans.
Dated: April 13, 2012.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of the General
Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, VA amends 38 CFR parts 3
and 20 as follows:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
0
1. The authority citation for part 3, subpart A continues to read as
follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
0
2. Amend Sec. 3.103 by:
0
a. Removing the last two sentences of paragraph (a) and adding, in its
place, ``The provisions of this section apply to all claims for
benefits and relief, and decisions thereon, within the purview of this
part 3.''.
0
b. Revising paragraph (c)(1).
The revision reads as follows:
Sec. 3.103 Procedural due process and appellate rights.
* * * * *
(c) * * * (1) Upon request, a claimant is entitled to a hearing at
any time on any issue involved in a claim within the purview of part 3
of this chapter, subject to the limitations described in Sec. 20.1304
of this chapter with respect to hearings in claims which have been
certified to the Board of Veterans' Appeals for appellate review. VA
will provide the place of hearing in the VA office having original
jurisdiction over the claim or at the VA office nearest the claimant's
home having adjudicative functions, or, subject to available resources
and solely at the option of VA, at any other VA facility or federal
building at which suitable hearing facilities are available. VA will
provide one or more employees who have original determinative authority
of such issues to conduct the hearing and be responsible for
establishment and preservation of the hearing record. Hearings in
connection with proposed adverse actions and appeals shall be held
before one or more VA employees having original determinative authority
who did not participate in the proposed action or the decision being
appealed. All expenses incurred by the claimant in connection with the
hearing are the responsibility of the claimant.
* * * * *
[[Page 23130]]
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
0
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 H--Hearings on Appeal
0
4. Revise Sec. 20.706 to read as follows:
Sec. 20.706 Rule 706. Functions of the presiding Member.
The presiding Member of a hearing panel is responsible for the
conduct of the hearing, administration of the oath or affirmation, and
for ruling on questions of procedure. The presiding Member will assure
that the course of the hearing remains relevant to the issue, or
issues, on appeal and that there is no cross-examination of the parties
or witnesses. The presiding Member will take such steps as may be
necessary to maintain good order at hearings and may terminate a
hearing or direct that the offending party leave the hearing if an
appellant, representative, or witness persists in disruptive behavior.
0
5. Amend the table in Appendix A to Part 20 by:
0
a. Adding entry 20.1.
0
b. Revising entry 20.1304.
The revision and addition read as follows:
APPENDIX A TO PART 20--CROSS-REFERENCES
------------------------------------------------------------------------
Title of cross-
referenced
Sec. Cross-reference material or
comment
------------------------------------------------------------------------
20.1............................ 38 CFR 3.103(a)... Statement of
policy.
* * * * * * *
20.1304......................... 38 CFR 3.103(c), See also re
20.700-20.717. hearings.
38 CFR 3.156...... New and material
evidence.
38 CFR 3.160(e)... Reopened claim.
38 CFR 20.305..... Rule 305.
Computation of
time limit for
filing.
38 CFR 20.306..... Rule 306. Legal
holidays.
------------------------------------------------------------------------
[FR Doc. 2012-9295 Filed 4-17-12; 8:45 am]
BILLING CODE 8320-01-P
