Recognition of Tribal Organizations for Representation of VA Claimants; Delay of Effective Date, 11151-11152 [2017-03328]

Download as PDF 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. rmajette on DSK2TPTVN1PROD with RULES 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 http:// www.regulations.gov. If your material cannot be submitted using http:// 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 http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and 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 online docket at http:// www.regulations.gov and can be viewed 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 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: E:\FR\FM\21FER1.SGM 21FER1 11152 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations rmajette on DSK2TPTVN1PROD with RULES 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: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 E:\FR\FM\21FER1.SGM 21FER1

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.

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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