VA Compensation and Pension Regulation Rewrite Project, 14803-14804 [2018-07078]
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Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 165.1333 by revising
paragraphs (a) and (e) to read as follows:
■
daltland on DSKBBV9HB2PROD with PROPOSALS
§ 165.1333 Security Zones, Seattle’s
Seafair Fleet Week moving vessels, Puget
Sound, WA.
(a) Location. The following areas are
security zones: all navigable waters
within 500 yards of each designated
participating vessel in the Parade of
Ships while each such vessel is in the
Sector Puget Sound Captain of the Port
(COTP) zone, as defined in 33 CFR
3.65–10, during a time specified in
paragraph (e) of this section.
*
*
*
*
*
(e) Annual enforcement period. The
security zones described in paragraph
VerDate Sep<11>2014
20:58 Apr 05, 2018
Jkt 244001
(a) of this section will be enforced with
actual notice during Seattle Seafair Fleet
Week each year for a period of up to 1
week. The Seattle Seafair Fleet Week
will occur annually sometime between
July 25 and August 14. The Coast Guard
will publish an annual notice
enforcement containing the dates that
this section will be enforced in the
Federal Register and Local Notice to
Mariners. A Broadcast Notice to
Mariners will also be issued before the
start of the Seattle Seafair Fleet Week to
identify the designated participating
vessels for that year.
Dated: April 2, 2018.
Linda A. Sturgis,
Captain, U.S. Coast Guard, Captain of the
Port Puget Sound.
[FR Doc. 2018–07026 Filed 4–5–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 3 and 5
RIN 2900–AO13
VA Compensation and Pension
Regulation Rewrite Project
Department of Veterans Affairs.
Withdrawal of proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) published a notice of
proposed rulemaking in the Federal
Register on November 27, 2013,
proposing to reorganize and rewrite its
compensation and pension regulations
in a logical, claimant focused, and userfriendly format. The intended effect of
the proposed revisions was to assist
claimants, beneficiaries, veterans’
representatives, and VA personnel in
locating and understanding these
regulations. VA has since determined
that an incremental approach to revising
these regulations is the only feasible
method for the Veterans Benefit
Administration (VBA) as it exists today.
Therefore, VA is withdrawing the
proposed rule, RIN 2900–AO13–VA
Compensation and Pension Regulation
Rewrite Project, that was published on
November 27, 2013, at 78 FR 71,042.
DATES: The proposed rule published on
November 27, 2013, at 78 FR 71,042, is
withdrawn as of April 6, 2018.
FOR FURTHER INFORMATION CONTACT:
Michael P. Shores, Director, Office of
Regulations Policy & Management
(00REG), Office of the Secretary,
Department of Veterans Affairs, 810
Vermont Ave. NW, Washington, DC
20420, (202) 461–4902 (this is not a tollfree number).
SUMMARY:
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
14803
The VA
Office of the Secretary provides
centralized management and
coordination of VA’s rulemaking
process through its Office of Regulation
Policy and Management (ORPM). ORPM
oversaw VA’s Regulation Rewrite
Project (the Project) to improve the
organization and clarity of VA’s
adjudication regulations, which are in
current 38 CFR part 3. These regulations
govern the adjudication of claims for
VA’s monetary benefits (including
compensation, pension, dependency
and indemnity compensation, and
burial benefits), which are administered
by the Veterans Benefits Administration
(VBA).
The Project responded to a
recommendation made by the VA
Claims Processing Task Force in its
October 2001 ‘‘Report to the Secretary of
Veterans Affairs’’ and to criticisms of
VA regulations by the U.S. Court of
Appeals for Veterans Claims. The Task
Force recommended that VA reorganize
its regulations in a logical, coherent
manner. The Court referred to the
current regulations as a ‘‘confusing
tapestry’’ and criticized VA for
maintaining substantive rules in its
Adjudication Procedures Manual
(manual). Accordingly, the Project
reviewed the manual to identify
provisions that might be substantive and
proposed to incorporate those
provisions in a complete rewrite of part
3 that would be located at a new part
5. To be clear, the goal was never to
substantively alter the law pertaining to
VA monetary benefits, but to convey
this law (to include current regulations,
VA General Counsel opinions, court
decisions, and substantive manual
provisions) in readable language and an
organized format. 78 FR at 71,042; see
also 79 FR 57,660, 57,678 (Sep. 25,
2014) (commenting on the scope of the
Rewrite Project).
VA published the rewritten material
in 20 Notices of Proposed Rulemaking
(NPRMs) and gave interested persons 60
days to submit comments after each
publication. These NPRMs addressed
specific topics, programs, or groups of
regulatory material organized under the
following Rulemaking Identifier
Numbers (RIN):
• RIN 2900–AL67, Service
Requirements for Veterans (January
30, 2004)
• RIN 2900–AL70, Presumptions of
Service Connection for Certain
Disabilities, and Related Matters (July
27, 2004)
• RIN 2900–AL71, Accrued Benefits,
Death Compensation, and Special
Rules Applicable Upon Death of a
Beneficiary (October 1, 2004)
SUPPLEMENTARY INFORMATION:
E:\FR\FM\06APP1.SGM
06APP1
daltland on DSKBBV9HB2PROD with PROPOSALS
14804
Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules
• RIN 2900–AL72, Burial Benefits
(April 8, 2008)
• RIN 2900–AL74, Apportionments to
Dependents and Payments to
Fiduciaries and Incarcerated
Beneficiaries (January 14, 2011)
• RIN 2900–AL76, Benefits for Certain
Filipino Veterans and Survivors (June
30, 2006)
• RIN 2900–AL82, Rights and
Responsibilities of Claimants and
Beneficiaries (May 10, 2005)
• RIN 2900–AL83, Elections of
Improved Pension; Old-Law and
Section 306 Pension (December 27,
2004)
• RIN 2900–AL84, Special and
Ancillary Benefits for Veterans,
Dependents, and Survivors (March 9,
2007)
• RIN 2900–AL87, General Provisions
(March 31, 2006)
• RIN 2900–AL88, Special Ratings
(October 17, 2008)
• RIN 2900–AL89, Dependency and
Indemnity Compensation Benefits
(October 21, 2005)
• RIN 2900–AL94, Dependents and
Survivors (September 20, 2006)
• RIN 2900–AL95, Payments to
Beneficiaries Who Are Eligible for
More than One Benefit (October 2,
2007)
• RIN 2900–AM01, General Evidence
Requirements, Effective Dates,
Revision of Decisions, and Protection
of Existing Ratings (May 22, 2007)
• RIN 2900–AM04, Improved Pension
(September 26, 2007)
• RIN 2900–AM05, Matters Affecting
the Receipt of Benefits (May 31, 2006)
• RIN 2900–AM06, Payments and
Adjustments to Payments (October 31,
2008)
• RIN 2900–AM07, Service-Connected
Disability Compensation (September
1, 2010)
• RIN 2900–AM16, VA Benefit Claims
(April 14, 2008)
VA received numerous comments to
the 20 NPRMs and on November 27,
2013, proposed amendments to the 20
NPRMs in one document, RIN 2900–
AO13. 78 FR at 71,042. VA received
additional comments on AO13, from
private individuals and several Veterans
Service Organizations, and VA thanks
the commenters for the time they
invested and their input.
As noted in RIN 2900–AO13, in 2012,
the Veterans Benefits Administration
(VBA) formulated a Transformation Plan
to improve the delivery of benefits to
veterans and their dependents and
survivors. 78 FR at 71,043. VA
acknowledged that, to ensure successful
implementation of the plan, a final rule
with regard to the Rewrite Project would
VerDate Sep<11>2014
20:58 Apr 05, 2018
Jkt 244001
not be published in the near future and
would ultimately require an evaluation
of the feasibility of a one-time
implementation of proposed Part 5. Id.
In the interim, VA assured, Part 3
regulations would be updated and
improved as needed, to include the type
of readability changes proposed for Part
5. Id.
Over the past five years, such updates
have occurred, see, e.g., 79 FR 32,653
(June 6, 2014) (implementing
improvements sourced in RIN 2900–
AL72), and VA proposes to continue
this current rulemaking approach—
updating Part 3 and Part 4 as needed—
but at an accelerated pace designed to
also incorporate needed changes from
proposed Part 5 for clarity and
simplicity. Thus, it will not be adopting
a one-time implementation of proposed
Part 5. This will avoid the inevitable
confusion caused by two co-existing sets
of regulations and manuals that may or
may not be applicable depending on the
date of the claim. It will avoid the
delays and decreases in productivity
inherent in any transition where
adjudicators have to familiarize
themselves with all new sections and
provisions. It will also ease
programming complexity and allow
VBA to manage the risk associated with
the transition to revised regulations. VA
has already undertaken a review to
identify and prioritize the needs and
expectations for incorporating proposed
Part 5 improvements, where possible,
into the current Part 3 and Part 4.
Phased implementation allows for
incremental assessment and
development of the required system
modifications. Controlling the rate of
rewrite implementation allows VBA to
retain, plan for, and mitigate adverse
system impacts and development needs
by reordering phases as necessary. The
plan also affords VBA flexibility in
scaling personnel and other resource
allocations to each new phase, if
necessary. One-time implementation
would require extensive training for
personnel, as well as costs associated
with IT equipment, installation,
maintenance, support, and system
updates. Even though the proposed
rules were not intended to alter
substantive law, they would alter the
terminology, section numbers, and
organization of the current regulations
upon which current VA systems,
applications, forms, and tools are based.
Thus, one-time implementation would
involve a rework of numerous
computer-based processing
applications, claims-related training
tools and materials, quality assurance
tools, claims-related forms, and the
Adjudication Procedures Manual. It
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
would syphon resources from existing
modernization priorities, such as
improvements to the Veterans Benefits
Management System and National Work
Queue. This phased rollout minimizes
disruption of these major IT
modernization projects, as well as other
VA initiatives requiring substantial
personnel or training.
Changes in Part 3 and Part 4
regulations, to include incorporation of
proposed Part 5 improvements, where
appropriate, can be achieved over a
number of years. Some of these changes
are already underway, with VA’s
modernized Part 4, VA Schedule for
Rating Disabilities, slated for
publication in the near future. This
multi-year approach minimizes
disruption on field operations (and
ultimately claim production and
accuracy), as well as VBA Central Office
staffing required to implement the
revised regulations.
For the above reasons, VA is
withdrawing RIN 2900–AO13.
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.
Jacquelyn Hayes-Byrd, Deputy Chief of
Staff, Department of Veterans Affairs,
approved this document on April 3,
2018, for publication.
Dated: April 3, 2018.
Jeffrey M. Martin,
Impact Analyst, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2018–07078 Filed 4–5–18; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP00
Definition of Domiciliary Care
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend its rule
defining domiciliary care, to accurately
reflect the scope of services currently
provided under the Domiciliary Care
Program. VA’s Domiciliary Care
Program provides a temporary home to
certain veterans, which includes the
furnishing of shelter, goods, clothing
and other comforts of home, as well as
SUMMARY:
E:\FR\FM\06APP1.SGM
06APP1
Agencies
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Proposed Rules]
[Pages 14803-14804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07078]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 3 and 5
RIN 2900-AO13
VA Compensation and Pension Regulation Rewrite Project
AGENCY: Department of Veterans Affairs.
ACTION: Withdrawal of proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) published a notice of
proposed rulemaking in the Federal Register on November 27, 2013,
proposing to reorganize and rewrite its compensation and pension
regulations in a logical, claimant focused, and user-friendly format.
The intended effect of the proposed revisions was to assist claimants,
beneficiaries, veterans' representatives, and VA personnel in locating
and understanding these regulations. VA has since determined that an
incremental approach to revising these regulations is the only feasible
method for the Veterans Benefit Administration (VBA) as it exists
today. Therefore, VA is withdrawing the proposed rule, RIN 2900-AO13-VA
Compensation and Pension Regulation Rewrite Project, that was published
on November 27, 2013, at 78 FR 71,042.
DATES: The proposed rule published on November 27, 2013, at 78 FR
71,042, is withdrawn as of April 6, 2018.
FOR FURTHER INFORMATION CONTACT: Michael P. Shores, Director, Office of
Regulations Policy & Management (00REG), Office of the Secretary,
Department of Veterans Affairs, 810 Vermont Ave. NW, Washington, DC
20420, (202) 461-4902 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The VA Office of the Secretary provides
centralized management and coordination of VA's rulemaking process
through its Office of Regulation Policy and Management (ORPM). ORPM
oversaw VA's Regulation Rewrite Project (the Project) to improve the
organization and clarity of VA's adjudication regulations, which are in
current 38 CFR part 3. These regulations govern the adjudication of
claims for VA's monetary benefits (including compensation, pension,
dependency and indemnity compensation, and burial benefits), which are
administered by the Veterans Benefits Administration (VBA).
The Project responded to a recommendation made by the VA Claims
Processing Task Force in its October 2001 ``Report to the Secretary of
Veterans Affairs'' and to criticisms of VA regulations by the U.S.
Court of Appeals for Veterans Claims. The Task Force recommended that
VA reorganize its regulations in a logical, coherent manner. The Court
referred to the current regulations as a ``confusing tapestry'' and
criticized VA for maintaining substantive rules in its Adjudication
Procedures Manual (manual). Accordingly, the Project reviewed the
manual to identify provisions that might be substantive and proposed to
incorporate those provisions in a complete rewrite of part 3 that would
be located at a new part 5. To be clear, the goal was never to
substantively alter the law pertaining to VA monetary benefits, but to
convey this law (to include current regulations, VA General Counsel
opinions, court decisions, and substantive manual provisions) in
readable language and an organized format. 78 FR at 71,042; see also 79
FR 57,660, 57,678 (Sep. 25, 2014) (commenting on the scope of the
Rewrite Project).
VA published the rewritten material in 20 Notices of Proposed
Rulemaking (NPRMs) and gave interested persons 60 days to submit
comments after each publication. These NPRMs addressed specific topics,
programs, or groups of regulatory material organized under the
following Rulemaking Identifier Numbers (RIN):
RIN 2900-AL67, Service Requirements for Veterans (January 30,
2004)
RIN 2900-AL70, Presumptions of Service Connection for Certain
Disabilities, and Related Matters (July 27, 2004)
RIN 2900-AL71, Accrued Benefits, Death Compensation, and
Special Rules Applicable Upon Death of a Beneficiary (October 1, 2004)
[[Page 14804]]
RIN 2900-AL72, Burial Benefits (April 8, 2008)
RIN 2900-AL74, Apportionments to Dependents and Payments to
Fiduciaries and Incarcerated Beneficiaries (January 14, 2011)
RIN 2900-AL76, Benefits for Certain Filipino Veterans and
Survivors (June 30, 2006)
RIN 2900-AL82, Rights and Responsibilities of Claimants and
Beneficiaries (May 10, 2005)
RIN 2900-AL83, Elections of Improved Pension; Old-Law and
Section 306 Pension (December 27, 2004)
RIN 2900-AL84, Special and Ancillary Benefits for Veterans,
Dependents, and Survivors (March 9, 2007)
RIN 2900-AL87, General Provisions (March 31, 2006)
RIN 2900-AL88, Special Ratings (October 17, 2008)
RIN 2900-AL89, Dependency and Indemnity Compensation Benefits
(October 21, 2005)
RIN 2900-AL94, Dependents and Survivors (September 20, 2006)
RIN 2900-AL95, Payments to Beneficiaries Who Are Eligible for
More than One Benefit (October 2, 2007)
RIN 2900-AM01, General Evidence Requirements, Effective Dates,
Revision of Decisions, and Protection of Existing Ratings (May 22,
2007)
RIN 2900-AM04, Improved Pension (September 26, 2007)
RIN 2900-AM05, Matters Affecting the Receipt of Benefits (May
31, 2006)
RIN 2900-AM06, Payments and Adjustments to Payments (October
31, 2008)
RIN 2900-AM07, Service-Connected Disability Compensation
(September 1, 2010)
RIN 2900-AM16, VA Benefit Claims (April 14, 2008)
VA received numerous comments to the 20 NPRMs and on November 27,
2013, proposed amendments to the 20 NPRMs in one document, RIN 2900-
AO13. 78 FR at 71,042. VA received additional comments on AO13, from
private individuals and several Veterans Service Organizations, and VA
thanks the commenters for the time they invested and their input.
As noted in RIN 2900-AO13, in 2012, the Veterans Benefits
Administration (VBA) formulated a Transformation Plan to improve the
delivery of benefits to veterans and their dependents and survivors. 78
FR at 71,043. VA acknowledged that, to ensure successful implementation
of the plan, a final rule with regard to the Rewrite Project would not
be published in the near future and would ultimately require an
evaluation of the feasibility of a one-time implementation of proposed
Part 5. Id. In the interim, VA assured, Part 3 regulations would be
updated and improved as needed, to include the type of readability
changes proposed for Part 5. Id.
Over the past five years, such updates have occurred, see, e.g., 79
FR 32,653 (June 6, 2014) (implementing improvements sourced in RIN
2900-AL72), and VA proposes to continue this current rulemaking
approach--updating Part 3 and Part 4 as needed--but at an accelerated
pace designed to also incorporate needed changes from proposed Part 5
for clarity and simplicity. Thus, it will not be adopting a one-time
implementation of proposed Part 5. This will avoid the inevitable
confusion caused by two co-existing sets of regulations and manuals
that may or may not be applicable depending on the date of the claim.
It will avoid the delays and decreases in productivity inherent in any
transition where adjudicators have to familiarize themselves with all
new sections and provisions. It will also ease programming complexity
and allow VBA to manage the risk associated with the transition to
revised regulations. VA has already undertaken a review to identify and
prioritize the needs and expectations for incorporating proposed Part 5
improvements, where possible, into the current Part 3 and Part 4.
Phased implementation allows for incremental assessment and
development of the required system modifications. Controlling the rate
of rewrite implementation allows VBA to retain, plan for, and mitigate
adverse system impacts and development needs by reordering phases as
necessary. The plan also affords VBA flexibility in scaling personnel
and other resource allocations to each new phase, if necessary. One-
time implementation would require extensive training for personnel, as
well as costs associated with IT equipment, installation, maintenance,
support, and system updates. Even though the proposed rules were not
intended to alter substantive law, they would alter the terminology,
section numbers, and organization of the current regulations upon which
current VA systems, applications, forms, and tools are based. Thus,
one-time implementation would involve a rework of numerous computer-
based processing applications, claims-related training tools and
materials, quality assurance tools, claims-related forms, and the
Adjudication Procedures Manual. It would syphon resources from existing
modernization priorities, such as improvements to the Veterans Benefits
Management System and National Work Queue. This phased rollout
minimizes disruption of these major IT modernization projects, as well
as other VA initiatives requiring substantial personnel or training.
Changes in Part 3 and Part 4 regulations, to include incorporation
of proposed Part 5 improvements, where appropriate, can be achieved
over a number of years. Some of these changes are already underway,
with VA's modernized Part 4, VA Schedule for Rating Disabilities,
slated for publication in the near future. This multi-year approach
minimizes disruption on field operations (and ultimately claim
production and accuracy), as well as VBA Central Office staffing
required to implement the revised regulations.
For the above reasons, VA is withdrawing RIN 2900-AO13.
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. Jacquelyn
Hayes-Byrd, Deputy Chief of Staff, Department of Veterans Affairs,
approved this document on April 3, 2018, for publication.
Dated: April 3, 2018.
Jeffrey M. Martin,
Impact Analyst, Office of Regulation Policy & Management, Office of the
Secretary, Department of Veterans Affairs.
[FR Doc. 2018-07078 Filed 4-5-18; 8:45 am]
BILLING CODE 8320-01-P