Mailing Address of the Board of Veterans' Appeals, 32648-32651 [2016-12111]
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32648
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
Dated: May 9, 2016.
John M. Robinson,
Director, Office of Civil Rights, Department
of State.
[FR Doc. 2016–12233 Filed 5–23–16; 8:45 am]
BILLING CODE 4710–10–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 14 and 20
RIN 2900–AP71
Mailing Address of the Board of
Veterans’ Appeals
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
on representation of claimants and the
Rules of Practice of the Board of
Veterans’ Appeals (Board) to update the
Board’s mailing address and titles of
certain individuals and offices at the
Board to whom mail is addressed. These
amendments are necessary because of a
mailing address change and to ensure
that correct titles of certain individuals
and offices at the Board are reflected in
the regulations.
DATES: Effective Date: This rule is
effective May 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Donnie R. Hachey, Chief Counsel for
Operations, 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: The Board
is updating its mailing address because
of new centralized mail procedures.
This document amends 38 CFR parts 14
and 20 to update the Board’s mailing
address and titles of certain individuals
and offices to whom mail is addressed.
The purpose of these revisions is to
ensure that the information contained in
38 CFR parts 14 and 20 is current and
correct.
The new centralized mail procedures
are consistent with paperless VA claims
and appeals processing. The purpose of
these procedures is to increase
efficiency of mail processing.
Centralized mail processing allows
Board staff to electronically review mail
related to appeals and upload that mail
to a Veteran’s electronic claims file in
the Veterans Benefits Management
System (VBMS).
Centralized mail processing allows for
electronic processing of the Board’s
appeals-related mail. The Board also
receives mail not intended to be
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associated with a Veteran’s claims file
for consideration in a specific case. For
example, as indicated above, an
individual seeking additional
information regarding this rulemaking
may contact the Board’s Chief Counsel
for Operations, via mail. The Board also
distributes a Board of Veterans’ Appeals
Hearing Survey Card, VA Form 0745,
which allows an appellant to provide
anonymous feedback regarding his or
her Board hearing. The Board Hearing
Survey Card includes an attached
Business Reply Mail envelope
addressed to the Board. Additionally,
the Board’s incoming mail includes
various periodicals.
The Board is presently only utilizing
centralized mail procedures to process
mail related to appeals, which should be
mailed to the Board’s new post office
box. Other types of mail should
continue to be mailed to the Board at
810 Vermont Avenue NW., Washington,
DC 20420. VA is amending 38 CFR
20.100(c), to distinguish between these
two different mailing addresses for these
two different types of mail.
Administrative Procedure Act
These changes to 38 CFR parts 14 and
20 are being published without regard to
notice-and-comment procedures of 5
U.S.C. 553(b) because they involve only
matters of agency organization,
procedure, or practice, which are
exempted from such procedures by
virtue of 5 U.S.C. 553(b)(A). Further,
because these changes do not involve
substantive rules, they are not subject to
the provisions of 5 U.S.C. 553(d)
providing for a 30-day delay in the
effective date of substantive rules.
Paperwork Reduction Act
Although this action contains
provisions constituting collections of
information at 38 CFR 20.608, 20.702,
and 20.704, under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3521), no new or proposed
revised collections of information are
associated with this final rule. The
information collection requirements for
§§ 20.608, 20.702, and 20.704 are
currently approved by the Office of
Management and Budget (OMB) and
have been assigned OMB control
number 2900–0085.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility Act
(5 U.S.C. 601–612). This final rule will
directly affect only individuals and will
not directly affect small entities.
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Therefore, pursuant to 5 U.S.C. 605(b),
this rulemaking is exempt from the final
regulatory flexibility analysis
requirements of section 604.
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’’ requiring review by
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 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. VA’s impact analysis can be
found as a supporting document at
https://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
copy of the rulemaking and its impact
analysis are available on VA’s Web site
at https://www.va.gov/orpm/, by
following the link for ‘‘VA Regulations
Published From FY 2004 Through Fiscal
Year to Date.’’
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
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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
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 final 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 64.100, 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 ServiceConnected Disability; 64.110, Veterans
Dependency and Indemnity
Compensation for Service-Connected
Death; 64.114, Veterans HousingGuaranteed 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.
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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.
Robert D. Snyder, Chief of Staff,
Department of Veterans Affairs,
approved this document on March 31,
2016, for publication.
List of Subjects
38 CFR Part 14
Administrative practice and
procedure, Claims, Courts, Foreign
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17:11 May 23, 2016
relations, Government employees,
Lawyers, Legal services, Organization
and functions (Government agencies),
Reporting and recordkeeping
requirements, Surety bonds, Trusts and
trustees, Veterans.
Board that is not related to an appeal
must be addressed to: Board of Veterans’
Appeals, 810 Vermont Avenue NW.,
Washington, DC 20420.
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38 CFR Part 20
Subpart C—Commencement and
Perfection of Appeal
Administrative practice and
procedure, Claims, Veterans.
Jkt 238001
5. Amend § 20.204 by revising the
second sentence of paragraph (b)(2) to
read as follows:
■
Dated: May 18, 2016.
Michael Shores,
Acting Director, Office of Regulation Policy
& Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reasons set forth in the
preamble, VA amends 38 CFR parts 14
and 20 as follows:
PART 14—LEGAL SERVICES,
GENERAL COUNSEL, AND
MISCELLANEOUS CLAIMS
1. The authority citation for part 14
continues to read as follows:
■
§ 20.204
Rule 204. Withdrawal of Appeal.
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*
*
*
*
(b) * * *
(2) * * * Thereafter, file the
withdrawal at the following address:
Director, Office of Management,
Planning and Analysis (014), Board of
Veterans’ Appeals, P.O. Box 27063,
Washington, DC 20038.
*
*
*
*
*
Subpart G—Representation
Authority: 5 U.S.C. 301; 28 U.S.C. 2671–
2680; 38 U.S.C. 501(a), 512, 515, 5502, 5901–
5905; 28 CFR part 14, appendix to part 14,
unless otherwise noted.
■
2. Amend § 14.629 by revising the
eighth sentence of paragraph (c)(3) to
read as follows:
§ 20.608 Rule 608. Withdrawal of services
by a representative.
■
§ 14.629 Requirements for accreditation of
service organization representatives;
agents; and attorneys.
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*
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(c) * * *
(3) * * * In the case of appeals before
the Board in Washington, DC, the signed
consent must be submitted to: Director,
Office of Management, Planning and
Analysis (014), Board of Veterans’
Appeals, P.O. Box 27063, Washington,
DC 20038. * * *
*
*
*
*
*
PART 20—BOARD OF VETERANS’
APPEALS: RULES OF PRACTICE
3. The authority citation for part 20
continues to read as follows:
■
Signing Authority
32649
Authority: 38 U.S.C. 501(a) and as noted in
specific sections.
Subpart B—The Board
§ 20.100 Rule 100. Name, business hours,
and mailing address of the Board.
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*
*
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(c) Mailing Address. Except as
otherwise noted in these Rules, appealsrelated mail to the Board must be
addressed to: Chairman (01), Board of
Veterans’ Appeals, P.O. Box 27063,
Washington, DC 20038. Mail to the
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(b) * * *
(2) * * * Such motions must be filed
at the following address: Office of the
Principal Deputy Vice Chairman (01C),
Board of Veterans’ Appeals, P.O. Box
27063, Washington, DC 20038. * * *
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Subpart H—Hearings on Appeal
7. Amend § 20.702 by:
a. Revising the fourth sentence of
paragraph (c)(1).
■ b. Revising the eighth sentence of
paragraph (c)(2).
■ c. Revising the fourth sentence of
paragraph (d).
■ d. Revising the third sentence of
paragraph (e).
The revisions read as follows:
■
■
§ 20.702 Rule 702. Scheduling and notice
of hearings conducted by the Board of
Veterans’ Appeals in Washington, DC.
*
4. Amend § 20.100 by revising
paragraph (c) to read as follows:
■
*
6. Amend § 20.608 by revising the
fifth sentence of paragraph (b)(2) to read
as follows:
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*
*
*
(c) * * *
(1) * * * In the case of hearings to be
conducted by the Board of Veterans’
Appeals in Washington, DC, such
requests for a new hearing date must be
filed with: Director, Office of
Management, Planning and Analysis
(014), Board of Veterans’ Appeals, P.O.
Box 27063, Washington, DC 20038.
(2) * * * In the case of hearings to be
conducted by the Board of Veterans’
Appeals in Washington, DC, the motion
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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
for a new hearing date must be filed
with: Director, Office of Management,
Planning and Analysis (014), Board of
Veterans’ Appeals, P.O. Box 27063,
Washington, DC 20038.
*
*
*
*
*
(d) * * * In the case of hearings to be
conducted by the Board of Veterans’
Appeals in Washington, DC, the motion
must be filed with: Director, Office of
Management, Planning and Analysis
(014), Board of Veterans’ Appeals, P.O.
Box 27063, Washington, DC 20038.
* * *
*
*
*
*
*
(e) * * * In the case of hearings to be
conducted by the Board of Veterans’
Appeals in Washington, DC, the notice
of withdrawal must be sent to: Director,
Office of Management, Planning and
Analysis (014), Board of Veterans’
Appeals, P.O. Box 27063, Washington,
DC 20038.
*
*
*
*
*
■ 8. Amend § 20.704 by revising the
fourth sentence of paragraph (d) to read
as follows:
§ 20.704 Rule 704. Scheduling and notice
of hearings conducted by the Board of
Veterans’ Appeals at Department of
Veterans Affairs field facilities.
*
*
*
*
*
(d) * * * Such motions must be filed
with: Director, Office of Management,
Planning and Analysis (014), Board of
Veterans’ Appeals, P.O. Box 27063,
Washington, DC 20038. * * *
*
*
*
*
*
■ 9. Amend § 20.708 by revising the
second sentence to read as follows:
§ 20.708
Rule 708. Prehearing conference.
* * * With respect to hearings to be
held before the Board at Washington,
DC, arrangements for a prehearing
conference must be made through:
Director, Office of Management,
Planning and Analysis (014), Board of
Veterans’ Appeals, P.O. Box 27063,
Washington, DC 20038. * * *
*
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*
■ 10. Amend § 20.711 by revising
paragraph (c) to read as follows:
§ 20.711
Rule 711. Subpoenas.
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(c) Where filed. Motions for a
subpoena must be filed with the
Director, Office of Management,
Planning and Analysis (014), Board of
Veterans’ Appeals, P.O. Box 27063,
Washington, DC 20038.
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*
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*
*
■ 11. Amend § 20.714 by revising the
fourth sentence in the parenthetical in
paragraph (a)(1) to read as follows:
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§ 20.714
Rule 714. Record of hearing.
(a) * * *
(1) * * * They must be filed with:
Director, Office of Management,
Planning and Analysis (014), Board of
Veterans’ Appeals, P.O. Box 27063,
Washington, DC 20038.)
*
*
*
*
*
■ 12. Amend § 20.715 by revising the
fifth sentence to read as follows:
§ 20.715 Rule 715. Recording of hearing by
appellant or representative.
* * * In the case of hearings held
before the Board of Veterans’ Appeals in
Washington, DC, arrangements must be
made with the Director, Office of
Management, Planning and Analysis
(014), Board of Veterans’ Appeals, P.O.
Box 27063, Washington, DC 20038.
*
*
*
*
*
■ 13. Amend § 20.716 by revising the
fifth sentence to read as follows:
§ 20.716 Rule 716. Correction of hearing
transcripts.
* * * In the case of hearings held
before the Board of Veterans’ Appeals,
whether in Washington, DC, or in the
field, the motion must be filed with the
Director, Office of Management,
Planning and Analysis (014), Board of
Veterans’ Appeals, P.O. Box 27063,
Washington, DC 20038. * * *
*
*
*
*
*
■ 14. Amend § 20.717 by revising
paragraph (c) to read as follows:
§ 20.717 Rule 717. Loss of hearing tapes
or transcripts—motion for new hearing.
*
*
*
*
*
(c) Where motion for a new hearing is
filed. In the case of hearings held before
the Board of Veterans’ Appeals, whether
in Washington, DC, or in the field, the
motion must be filed with: Director,
Office of Management, Planning and
Analysis (014), Board of Veterans’
Appeals, P.O. Box 27063, Washington,
DC 20038.
*
*
*
*
*
Subpart J—Action by the Board
15. Amend § 20.900 by revising the
second sentence of paragraph (c)(2) to
read as follows:
■
§ 20.900 Rule 900. Order of consideration
of appeals.
*
*
*
*
*
(c) * * *
(2) * * * The motion must be filed
with: Director, Office of Management,
Planning and Analysis (014), Board of
Veterans’ Appeals, P.O. Box 27063,
Washington, DC 20038.
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*
*
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Subpart K—Reconsideration
16. Amend § 20.1001 by revising the
second sentence of paragraph (b) to read
as follows:
■
§ 20.1001 Rule 1001. Filing and disposition
of motion for reconsideration.
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*
*
*
*
(b) * * * Such motions must be filed
at the following address: Director, Office
of Management, Planning and Analysis
(014), Board of Veterans’ Appeals, P.O.
Box 27063, Washington, DC 20038.
*
*
*
*
*
Subpart N—Miscellaneous
17. Amend § 20.1301 by revising the
tenth sentence of paragraph (b)(2) to
read as follows:
■
§ 20.1301 Rule 1301. Disclosure of
information.
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*
*
*
*
(b) * * *
(2) * * * These requests must be
directed to the Research Center (01C1),
Board of Veterans’ Appeals, P.O. Box
27063, Washington, DC 20038.
*
*
*
*
*
■ 18. Amend § 20.1304 by revising the
fourth sentence of paragraph (b)(1) to
read as follows:
§ 20.1304 Rule 1304. Request for change
in representation, request for personal
hearing, or submission of additional
evidence following certification of an appeal
to the Board of Veterans’ Appeals.
*
*
*
*
*
(b) * * *
(1) * * * Such motions must be filed
at the following address: Director, Office
of Management, Planning and Analysis
(014), Board of Veterans’ Appeals, P.O.
Box 27063, Washington, DC 20038.
* * *
*
*
*
*
*
Subpart O—Revision of Decisions on
Grounds of Clear and Unmistakable
Error
19. Amend § 20.1404 by revising the
second sentence of paragraph (c) to read
as follows:
■
§ 20.1404 Rule 1404. Filing and pleading
requirements; withdrawal.
*
*
*
*
*
(c) * * * Such motions should be
filed at the following address: Director,
Office of Management, Planning and
Analysis (014), Board of Veterans’
Appeals, P.O. Box 27063, Washington,
DC 20038.
*
*
*
*
*
■ 20. Amend § 20.1405 by revising
paragraph (c)(2) to read as follows:
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§ 20.1405
Rule 1405. Disposition.
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(c) * * *
(2) Submission of requests. Requests
for such a hearing shall be submitted to
the following address: Director, Office of
Management, Planning and Analysis
(014), Board of Veterans’ Appeals, P.O.
Box 27063, Washington, DC 20038.
*
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[FR Doc. 2016–12111 Filed 5–23–16; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0151; FRL–9946–82–
Region 4]
Air Quality Plan Approval; South
Carolina; Infrastructure Requirements
for the 2010 Sulfur Dioxide National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the portions of the State
Implementation Plan (SIP) submission,
submitted by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (SC DHEC), on
May 8, 2014, for inclusion into the
South Carolina SIP. This final action
pertains to the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2010 1-hour sulfur
dioxide (SO2) national ambient air
quality standard (NAAQS). The CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance and enforcement of each
NAAQS promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure SIP submission.’’ SC
DHEC certified that the South Carolina
SIP contains provisions that ensure the
2010 1-hour SO2 NAAQS is
implemented, enforced, and maintained
in South Carolina. EPA has determined
that portions of South Carolina’s
infrastructure SIP submission, provided
to EPA on May 8, 2014, satisfy certain
required infrastructure elements for the
2010 1-hour SO2 NAAQS.
DATES: This rule will be effective June
23, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0151. All documents in the docket
are listed on the www.regulations.gov
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SUMMARY:
VerDate Sep<11>2014
17:11 May 23, 2016
Jkt 238001
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Notarianni can be reached via electronic
mail at notarianni.michele@epa.gov or
via telephone at (404) 562–9031.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On June 22, 2010 (75 FR 35520), EPA
revised the primary SO2 NAAQS to an
hourly standard of 75 parts per billion
(ppb) based on a 3-year average of the
annual 99th percentile of 1-hour daily
maximum concentrations. Pursuant to
section 110(a)(1) of the CAA, states are
required to submit SIPs meeting the
applicable requirements of section
110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. States were required to
submit such SIPs for the 2010 1-hour
SO2 NAAQS to EPA no later than June
2, 2013.1
1 Today, EPA is providing clarification for an
inadvertent typographical error that was included
in the March 7, 2016, proposed rulemaking, for this
final action. In the March 7, 2016, proposed
rulemaking it was stated that the 2010 1-hour SO2
NAAQS infrastructure SIPs were due no later than
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32651
In a proposed rulemaking published
on March 7, 2016 (81 FR 11717), EPA
proposed to approve portions of South
Carolina’s 2010 1-hour SO2 NAAQS
infrastructure SIP submission submitted
on May 8, 2014. The details of South
Carolina’s submission and the rationale
for EPA’s actions are explained in the
proposed rulemaking. Comments on the
proposed rulemaking were due on or
before April 6, 2016. EPA received no
adverse comments on the proposed
action.
II. Final Action
With the exception of interstate
transport provisions pertaining to the
contribution to nonattainment or
interference with maintenance in other
states and visibility protection
requirements of section 110(a)(2)(D)(i)(I)
and (II) (prongs 1, 2, and 4), EPA is
taking final action to approve South
Carolina ’s infrastructure submission
submitted on May 8, 2014, for the 2010
1-hour SO2 NAAQS. EPA is taking final
action to approve South Carolina’s
infrastructure SIP submission for the
2010 1-hour SO2 NAAQS because the
submission is consistent with section
110 of the CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
June 22, 2013. The 2010 1-hour SO2 NAAQS
infrastructure SIPs were actually due to EPA from
states no later than June 2, 2013.
E:\FR\FM\24MYR1.SGM
24MYR1
]]>Agencies
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Rules and Regulations]
[Pages 32648-32651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12111]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 14 and 20
RIN 2900-AP71
Mailing Address of the Board of Veterans' Appeals
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations on representation of claimants and the Rules of Practice of
the Board of Veterans' Appeals (Board) to update the Board's mailing
address and titles of certain individuals and offices at the Board to
whom mail is addressed. These amendments are necessary because of a
mailing address change and to ensure that correct titles of certain
individuals and offices at the Board are reflected in the regulations.
DATES: Effective Date: This rule is effective May 24, 2016.
FOR FURTHER INFORMATION CONTACT: Donnie R. Hachey, Chief Counsel for
Operations, 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: The Board is updating its mailing address
because of new centralized mail procedures. This document amends 38 CFR
parts 14 and 20 to update the Board's mailing address and titles of
certain individuals and offices to whom mail is addressed. The purpose
of these revisions is to ensure that the information contained in 38
CFR parts 14 and 20 is current and correct.
The new centralized mail procedures are consistent with paperless
VA claims and appeals processing. The purpose of these procedures is to
increase efficiency of mail processing. Centralized mail processing
allows Board staff to electronically review mail related to appeals and
upload that mail to a Veteran's electronic claims file in the Veterans
Benefits Management System (VBMS).
Centralized mail processing allows for electronic processing of the
Board's appeals-related mail. The Board also receives mail not intended
to be associated with a Veteran's claims file for consideration in a
specific case. For example, as indicated above, an individual seeking
additional information regarding this rulemaking may contact the
Board's Chief Counsel for Operations, via mail. The Board also
distributes a Board of Veterans' Appeals Hearing Survey Card, VA Form
0745, which allows an appellant to provide anonymous feedback regarding
his or her Board hearing. The Board Hearing Survey Card includes an
attached Business Reply Mail envelope addressed to the Board.
Additionally, the Board's incoming mail includes various periodicals.
The Board is presently only utilizing centralized mail procedures
to process mail related to appeals, which should be mailed to the
Board's new post office box. Other types of mail should continue to be
mailed to the Board at 810 Vermont Avenue NW., Washington, DC 20420. VA
is amending 38 CFR 20.100(c), to distinguish between these two
different mailing addresses for these two different types of mail.
Administrative Procedure Act
These changes to 38 CFR parts 14 and 20 are being published without
regard to notice-and-comment procedures of 5 U.S.C. 553(b) because they
involve only matters of agency organization, procedure, or practice,
which are exempted from such procedures by virtue of 5 U.S.C.
553(b)(A). Further, because these changes do not involve substantive
rules, they are not subject to the provisions of 5 U.S.C. 553(d)
providing for a 30-day delay in the effective date of substantive
rules.
Paperwork Reduction Act
Although this action contains provisions constituting collections
of information at 38 CFR 20.608, 20.702, and 20.704, under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521), no new or proposed revised collections of information are
associated with this final rule. The information collection
requirements for Sec. Sec. 20.608, 20.702, and 20.704 are currently
approved by the Office of Management and Budget (OMB) and have been
assigned OMB control number 2900-0085.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-
612). This final rule will directly affect only individuals and will
not directly affect small entities. Therefore, pursuant to 5 U.S.C.
605(b), this rulemaking is exempt from the final regulatory flexibility
analysis requirements of section 604.
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'' requiring review by 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
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. VA's impact analysis can be found as a
supporting document at https://www.regulations.gov, usually within 48
hours after the rulemaking document is published. Additionally, a copy
of the rulemaking and its impact analysis are available on VA's Web
site at https://www.va.gov/orpm/, by following the link for ``VA
Regulations Published From FY 2004 Through Fiscal Year to Date.''
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
[[Page 32649]]
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
final 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 64.100, 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. Robert D.
Snyder, Chief of Staff, Department of Veterans Affairs, approved this
document on March 31, 2016, for publication.
List of Subjects
38 CFR Part 14
Administrative practice and procedure, Claims, Courts, Foreign
relations, Government employees, Lawyers, Legal services, Organization
and functions (Government agencies), Reporting and recordkeeping
requirements, Surety bonds, Trusts and trustees, Veterans.
38 CFR Part 20
Administrative practice and procedure, Claims, Veterans.
Dated: May 18, 2016.
Michael Shores,
Acting Director, Office of Regulation Policy & Management, Office of
the General Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, VA amends 38 CFR parts
14 and 20 as follows:
PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS
0
1. The authority citation for part 14 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 2671-2680; 38 U.S.C. 501(a),
512, 515, 5502, 5901-5905; 28 CFR part 14, appendix to part 14,
unless otherwise noted.
0
2. Amend Sec. 14.629 by revising the eighth sentence of paragraph
(c)(3) to read as follows:
Sec. 14.629 Requirements for accreditation of service organization
representatives; agents; and attorneys.
* * * * *
(c) * * *
(3) * * * In the case of appeals before the Board in Washington,
DC, the signed consent must be submitted to: Director, Office of
Management, Planning and Analysis (014), Board of Veterans' Appeals,
P.O. Box 27063, Washington, DC 20038. * * *
* * * * *
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 B--The Board
0
4. Amend Sec. 20.100 by revising paragraph (c) to read as follows:
Sec. 20.100 Rule 100. Name, business hours, and mailing address of
the Board.
* * * * *
(c) Mailing Address. Except as otherwise noted in these Rules,
appeals-related mail to the Board must be addressed to: Chairman (01),
Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. Mail
to the Board that is not related to an appeal must be addressed to:
Board of Veterans' Appeals, 810 Vermont Avenue NW., Washington, DC
20420.
* * * * *
Subpart C--Commencement and Perfection of Appeal
0
5. Amend Sec. 20.204 by revising the second sentence of paragraph
(b)(2) to read as follows:
Sec. 20.204 Rule 204. Withdrawal of Appeal.
* * * * *
(b) * * *
(2) * * * Thereafter, file the withdrawal at the following address:
Director, Office of Management, Planning and Analysis (014), Board of
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *
Subpart G--Representation
0
6. Amend Sec. 20.608 by revising the fifth sentence of paragraph
(b)(2) to read as follows:
Sec. 20.608 Rule 608. Withdrawal of services by a representative.
* * * * *
(b) * * *
(2) * * * Such motions must be filed at the following address:
Office of the Principal Deputy Vice Chairman (01C), Board of Veterans'
Appeals, P.O. Box 27063, Washington, DC 20038. * * *
* * * * *
Subpart H--Hearings on Appeal
0
7. Amend Sec. 20.702 by:
0
a. Revising the fourth sentence of paragraph (c)(1).
0
b. Revising the eighth sentence of paragraph (c)(2).
0
c. Revising the fourth sentence of paragraph (d).
0
d. Revising the third sentence of paragraph (e).
The revisions read as follows:
Sec. 20.702 Rule 702. Scheduling and notice of hearings conducted by
the Board of Veterans' Appeals in Washington, DC.
* * * * *
(c) * * *
(1) * * * In the case of hearings to be conducted by the Board of
Veterans' Appeals in Washington, DC, such requests for a new hearing
date must be filed with: Director, Office of Management, Planning and
Analysis (014), Board of Veterans' Appeals, P.O. Box 27063, Washington,
DC 20038.
(2) * * * In the case of hearings to be conducted by the Board of
Veterans' Appeals in Washington, DC, the motion
[[Page 32650]]
for a new hearing date must be filed with: Director, Office of
Management, Planning and Analysis (014), Board of Veterans' Appeals,
P.O. Box 27063, Washington, DC 20038.
* * * * *
(d) * * * In the case of hearings to be conducted by the Board of
Veterans' Appeals in Washington, DC, the motion must be filed with:
Director, Office of Management, Planning and Analysis (014), Board of
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * *
* * * * *
(e) * * * In the case of hearings to be conducted by the Board of
Veterans' Appeals in Washington, DC, the notice of withdrawal must be
sent to: Director, Office of Management, Planning and Analysis (014),
Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *
0
8. Amend Sec. 20.704 by revising the fourth sentence of paragraph (d)
to read as follows:
Sec. 20.704 Rule 704. Scheduling and notice of hearings conducted by
the Board of Veterans' Appeals at Department of Veterans Affairs field
facilities.
* * * * *
(d) * * * Such motions must be filed with: Director, Office of
Management, Planning and Analysis (014), Board of Veterans' Appeals,
P.O. Box 27063, Washington, DC 20038. * * *
* * * * *
0
9. Amend Sec. 20.708 by revising the second sentence to read as
follows:
Sec. 20.708 Rule 708. Prehearing conference.
* * * With respect to hearings to be held before the Board at
Washington, DC, arrangements for a prehearing conference must be made
through: Director, Office of Management, Planning and Analysis (014),
Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * *
* * * * *
0
10. Amend Sec. 20.711 by revising paragraph (c) to read as follows:
Sec. 20.711 Rule 711. Subpoenas.
* * * * *
(c) Where filed. Motions for a subpoena must be filed with the
Director, Office of Management, Planning and Analysis (014), Board of
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *
0
11. Amend Sec. 20.714 by revising the fourth sentence in the
parenthetical in paragraph (a)(1) to read as follows:
Sec. 20.714 Rule 714. Record of hearing.
(a) * * *
(1) * * * They must be filed with: Director, Office of Management,
Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box
27063, Washington, DC 20038.)
* * * * *
0
12. Amend Sec. 20.715 by revising the fifth sentence to read as
follows:
Sec. 20.715 Rule 715. Recording of hearing by appellant or
representative.
* * * In the case of hearings held before the Board of Veterans'
Appeals in Washington, DC, arrangements must be made with the Director,
Office of Management, Planning and Analysis (014), Board of Veterans'
Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *
0
13. Amend Sec. 20.716 by revising the fifth sentence to read as
follows:
Sec. 20.716 Rule 716. Correction of hearing transcripts.
* * * In the case of hearings held before the Board of Veterans'
Appeals, whether in Washington, DC, or in the field, the motion must be
filed with the Director, Office of Management, Planning and Analysis
(014), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC
20038. * * *
* * * * *
0
14. Amend Sec. 20.717 by revising paragraph (c) to read as follows:
Sec. 20.717 Rule 717. Loss of hearing tapes or transcripts--motion
for new hearing.
* * * * *
(c) Where motion for a new hearing is filed. In the case of
hearings held before the Board of Veterans' Appeals, whether in
Washington, DC, or in the field, the motion must be filed with:
Director, Office of Management, Planning and Analysis (014), Board of
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *
Subpart J--Action by the Board
0
15. Amend Sec. 20.900 by revising the second sentence of paragraph
(c)(2) to read as follows:
Sec. 20.900 Rule 900. Order of consideration of appeals.
* * * * *
(c) * * *
(2) * * * The motion must be filed with: Director, Office of
Management, Planning and Analysis (014), Board of Veterans' Appeals,
P.O. Box 27063, Washington, DC 20038.
* * * * *
Subpart K--Reconsideration
0
16. Amend Sec. 20.1001 by revising the second sentence of paragraph
(b) to read as follows:
Sec. 20.1001 Rule 1001. Filing and disposition of motion for
reconsideration.
* * * * *
(b) * * * Such motions must be filed at the following address:
Director, Office of Management, Planning and Analysis (014), Board of
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *
Subpart N--Miscellaneous
0
17. Amend Sec. 20.1301 by revising the tenth sentence of paragraph
(b)(2) to read as follows:
Sec. 20.1301 Rule 1301. Disclosure of information.
* * * * *
(b) * * *
(2) * * * These requests must be directed to the Research Center
(01C1), Board of Veterans' Appeals, P.O. Box 27063, Washington, DC
20038.
* * * * *
0
18. Amend Sec. 20.1304 by revising the fourth sentence of paragraph
(b)(1) to read as follows:
Sec. 20.1304 Rule 1304. Request for change in representation, request
for personal hearing, or submission of additional evidence following
certification of an appeal to the Board of Veterans' Appeals.
* * * * *
(b) * * *
(1) * * * Such motions must be filed at the following address:
Director, Office of Management, Planning and Analysis (014), Board of
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. * * *
* * * * *
Subpart O--Revision of Decisions on Grounds of Clear and
Unmistakable Error
0
19. Amend Sec. 20.1404 by revising the second sentence of paragraph
(c) to read as follows:
Sec. 20.1404 Rule 1404. Filing and pleading requirements; withdrawal.
* * * * *
(c) * * * Such motions should be filed at the following address:
Director, Office of Management, Planning and Analysis (014), Board of
Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
* * * * *
0
20. Amend Sec. 20.1405 by revising paragraph (c)(2) to read as
follows:
[[Page 32651]]
Sec. 20.1405 Rule 1405. Disposition.
* * * * *
(c) * * *
(2) Submission of requests. Requests for such a hearing shall be
submitted to the following address: Director, Office of Management,
Planning and Analysis (014), Board of Veterans' Appeals, P.O. Box
27063, Washington, DC 20038.
* * * * *
[FR Doc. 2016-12111 Filed 5-23-16; 8:45 am]
BILLING CODE 8320-01-P
