Recognition of Tribal Organizations for Representation of VA Claimants; Delay of Effective Date, 11151-11152 [2017-03328]
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Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Commandant Instruction.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
VerDate Sep<11>2014
14:42 Feb 17, 2017
Jkt 241001
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
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the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this notice,
and all public comments, are in our
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by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.1101, add introductory text
to read as follows:
■
§ 117.1101
Sturgeon Bay.
The draws of the Bayview (State
Route 42/57) and Michigan Street
bridges, miles 3.0 and 4.3, respectively,
at Sturgeon Bay, are remotely operated
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11151
by the tender at Maple-Oregon bridge,
mile 4.17, and shall open as follows:
*
*
*
*
*
Dated: February 3, 2017.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2017–03346 Filed 2–17–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 14
RIN 2900–AP51
Recognition of Tribal Organizations for
Representation of VA Claimants; Delay
of Effective Date
Department of Veterans Affairs.
Final rule; delay of effective
AGENCY:
ACTION:
date.
In accordance with the
memorandum of January 20, 2017, from
the Assistant to the President and Chief
of Staff, entitled ‘‘Regulatory Freeze
Pending Review,’’ this action delays the
effective date of the final rule
(‘‘Recognition of Tribal Organizations
for Representation of VA Claimants’’)
published January 19, 2017, from
February 21, 2017, until March 21,
2017.
SUMMARY:
The effective date of the rule that
published on January 19, 2017, at 82 FR
6265, is delayed until March 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Brandon A. Jonas, Staff Attorney,
Benefits Law Group, Office of the
General Counsel, (022D), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420, (202) 461–
7699. (This is not a toll free number.)
SUPPLEMENTARY INFORMATION: On
January 19, 2017, the Department of
Veterans Affairs (VA) issued a final rule
amending its regulations concerning
recognition of certain national, State,
and regional or local organizations for
purposes of VA claims representation.
Specifically, the rulemaking allows the
Secretary to recognize tribal
organizations in a similar manner as the
Secretary recognizes State organizations.
The final rule allows a tribal
organization that is established and
funded by one or more tribal
governments to be recognized for the
purpose of providing assistance on VA
benefit claims. In addition, the
rulemaking allows an employee of a
tribal government to become accredited
through a recognized State organization
in a similar manner as a County
DATES:
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Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations
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Veterans’ Service Officer (CVSO) may
become accredited through a recognized
State organization. The rule was
published with an effective date of
February 21, 2017.
VA bases this action on the
memorandum of January 20, 2017 (82
FR 8346), from the Assistant to the
President and Chief of Staff, entitled
‘‘Regulatory Freeze Pending Review’’
(White House memorandum). That
memorandum directed the heads of
Executive Departments and Agencies to
temporarily postpone for 60 days from
the date of the memorandum the
effective dates of all regulations that had
been published in the Federal Register
but had not yet taken effect, for the
purpose of ‘‘reviewing questions of fact,
law, and policy they raise.’’ VA,
therefore, is revising the effective date of
the rule that published on January 19,
2017 (82 FR 6265), to March 21, 2017.
To the extent that 5 U.S.C. 553 applies
to this action, it is exempt from notice
and comment because it constitutes a
rule of procedure under 5 U.S.C.
553(b)(A). Alternatively, VA’s
implementation of this action without
opportunity for public comment,
effective immediately upon publication
today in the Federal Register, is based
on the good cause exceptions in 5 U.S.C.
553(b)(B) and (d)(3). Seeking public
comment is impracticable, unnecessary,
and contrary to the public interest. The
temporary delay in the effective date
until March 21, 2017, is necessary to
give VA officials the opportunity for
further review and consideration of the
new regulation, consistent with the
White House memorandum. Given the
imminence of the effective date, the
brief length of the extension, and the
public’s full opportunity to comment
prior to the publishing of the final rule,
seeking public comment on this
temporary delay would have been
impracticable, as well as contrary to the
public interest in the orderly
promulgation and implementation of
regulations. VA also believes that
further delay, beyond what is required
by the White House memorandum,
would cause undue inconvenience to
the affected entities.
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. Gina
S. Farrisee, Deputy Chief of Staff,
Department of Veterans Affairs,
approved this document on February
15, 2017, for publication.
VerDate Sep<11>2014
14:42 Feb 17, 2017
Jkt 241001
Approved: February 15, 2017.
Jeffrey Martin,
Office Program Manager, Office of Regulation
Policy & Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2017–03328 Filed 2–17–17; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP94
Fertility Counseling and Treatment for
Certain Veterans and Spouses,
Correction
Department of Veterans Affairs.
Interim final rule; correcting
amendment.
AGENCY:
ACTION:
The Department of Veterans
Affairs published in the Federal
Register on January 19, 2017, an interim
final rulemaking adding a new section
authorizing in vitro fertilization (IVF)
for a veteran with a service-connected
disability that results in the inability of
the veteran to procreate without the use
of fertility treatment. In addition, we
added a new section authorizing VA to
provide fertility counseling and
treatment using assisted reproductive
technologies (ART), including IVF, to a
spouse of a veteran with a serviceconnected disability that results in the
inability of the veteran to procreate
without the use of fertility treatment.
These sections contain an error
regarding the expiration date VA’s
authority to provide health care
services. This document corrects the
errors and does not make any
substantive change to the content of the
interim final rule.
DATES: Effective: February 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Patricia M. Hayes, Ph.D. Chief
Consultant, Women’s Health Services,
Patient Care Services, Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420. (202) 461–0373.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: VA
published an interim final rule at 82 FR
6275 (January 19, 2017) that
implemented section 260 of the
Continuing Appropriations and Military
Construction, Veterans Affairs, and
Related Agencies Appropriations Act,
2017, and Zika Response and
Preparedness Act (Pub. L. 114–223) as it
pertains to fertility counseling and
treatment for certain veterans and
spouses. This law states that VA may
SUMMARY:
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use appropriated funds available to VA
for the Medical Services account to
provide fertility counseling and
treatment using assisted reproductive
technology (ART) to a veteran with a
service-connected disability that results
in the inability of the veteran to
procreate without the use of fertility
treatment, and to the spouse of such
veteran. The ART treatments referred to
in this law are those relating to
reproductive assistance provided to a
member of the Armed Forces who
incurs a serious injury or illness on
active duty pursuant to title 10 of the
United States Code (U.S.C.) section
1074(c)(4)(A), as described in a policy
memorandum issued by the Assistant
Secretary of Defense for Health Affairs
on April 3, 2012, titled ‘‘Policy for
Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/
Injured (Category II or III) Active Duty
Service Members,’’ and the guidance
issued to implement such policy,
including any limitations on the amount
of benefits available to each eligible
member.
VA added new § 17.380 which states
that IVF may be provided when
clinically appropriate to a veteran who
has a service-connected disability that
results in the inability of the veteran to
procreate without the use of fertility
treatment, as well as a spouse of such
veteran. IVF services available to such
veterans are the same as those provided
by DoD to a member of the Armed
Forces who incurs a serious injury or
illness on active duty pursuant to 10
U.S.C. 1074(c)(4)(A), as described in
DoD policy guidance, including any
limitations on the amount of such
benefits available to such a member.
Fertility counseling and treatment other
than IVF is available to veterans as part
of the medical benefits package at
§ 17.38.
We also added new § 17.412 which
states that VA may provide fertility
counseling and treatment using ART to
a spouse of a veteran with a serviceconnected disability that results in the
inability of the veteran to procreate
without the use of fertility treatment to
the extent such services are available to
enrolled veterans under the medical
benefits package. It also states that VA
may provide IVF to a spouse of a
veteran with a service-connected
disability that results in the inability of
the veteran to procreate without the use
of fertility treatment. Such health care
services may be provided when
clinically appropriate and consistent
with the benefits relating to
reproductive assistance provided to a
member of the Armed Forces who
incurs a serious injury or illness on
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]]>Agencies
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11151-11152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03328]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 14
RIN 2900-AP51
Recognition of Tribal Organizations for Representation of VA
Claimants; Delay of Effective Date
AGENCY: Department of Veterans Affairs.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: In accordance with the memorandum of January 20, 2017, from
the Assistant to the President and Chief of Staff, entitled
``Regulatory Freeze Pending Review,'' this action delays the effective
date of the final rule (``Recognition of Tribal Organizations for
Representation of VA Claimants'') published January 19, 2017, from
February 21, 2017, until March 21, 2017.
DATES: The effective date of the rule that published on January 19,
2017, at 82 FR 6265, is delayed until March 21, 2017.
FOR FURTHER INFORMATION CONTACT: Brandon A. Jonas, Staff Attorney,
Benefits Law Group, Office of the General Counsel, (022D), Department
of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420,
(202) 461-7699. (This is not a toll free number.)
SUPPLEMENTARY INFORMATION: On January 19, 2017, the Department of
Veterans Affairs (VA) issued a final rule amending its regulations
concerning recognition of certain national, State, and regional or
local organizations for purposes of VA claims representation.
Specifically, the rulemaking allows the Secretary to recognize tribal
organizations in a similar manner as the Secretary recognizes State
organizations. The final rule allows a tribal organization that is
established and funded by one or more tribal governments to be
recognized for the purpose of providing assistance on VA benefit
claims. In addition, the rulemaking allows an employee of a tribal
government to become accredited through a recognized State organization
in a similar manner as a County
[[Page 11152]]
Veterans' Service Officer (CVSO) may become accredited through a
recognized State organization. The rule was published with an effective
date of February 21, 2017.
VA bases this action on the memorandum of January 20, 2017 (82 FR
8346), from the Assistant to the President and Chief of Staff, entitled
``Regulatory Freeze Pending Review'' (White House memorandum). That
memorandum directed the heads of Executive Departments and Agencies to
temporarily postpone for 60 days from the date of the memorandum the
effective dates of all regulations that had been published in the
Federal Register but had not yet taken effect, for the purpose of
``reviewing questions of fact, law, and policy they raise.'' VA,
therefore, is revising the effective date of the rule that published on
January 19, 2017 (82 FR 6265), to March 21, 2017.
To the extent that 5 U.S.C. 553 applies to this action, it is
exempt from notice and comment because it constitutes a rule of
procedure under 5 U.S.C. 553(b)(A). Alternatively, VA's implementation
of this action without opportunity for public comment, effective
immediately upon publication today in the Federal Register, is based on
the good cause exceptions in 5 U.S.C. 553(b)(B) and (d)(3). Seeking
public comment is impracticable, unnecessary, and contrary to the
public interest. The temporary delay in the effective date until March
21, 2017, is necessary to give VA officials the opportunity for further
review and consideration of the new regulation, consistent with the
White House memorandum. Given the imminence of the effective date, the
brief length of the extension, and the public's full opportunity to
comment prior to the publishing of the final rule, seeking public
comment on this temporary delay would have been impracticable, as well
as contrary to the public interest in the orderly promulgation and
implementation of regulations. VA also believes that further delay,
beyond what is required by the White House memorandum, would cause
undue inconvenience to the affected entities.
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. Gina S.
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs,
approved this document on February 15, 2017, for publication.
Approved: February 15, 2017.
Jeffrey Martin,
Office Program Manager, Office of Regulation Policy & Management,
Office of the Secretary, Department of Veterans Affairs.
[FR Doc. 2017-03328 Filed 2-17-17; 8:45 am]
BILLING CODE 8320-01-P
