VA Claims and Appeals Modernization, 4336-4338 [2019-01840]
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4336
Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations
Washington Channel within 200 feet of
the fireworks barge located within an
area bounded on the south by latitude
38°52′30″ W, and bounded on the north
by the southern extent of the Francis
Case (I–395) Memorial Bridge, located at
Washington, DC. All coordinates refer to
datum NAD 1983.
(b) Definitions. As used in this
section:
(1) Captain of the Port (COTP) means
the Commander, U.S. Coast Guard
Sector Maryland-National Capital
Region.
(2) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
Maryland-National Capital Region to
assist in enforcing the safety zone
described in paragraph (a) of this
section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
All vessels underway within this safety
zone at the time it is activated are to
depart the zone.
(2) To seek permission to enter,
contact the COTP or the COTP’s
designated representative by telephone
at 410–576–2693 or on Marine Band
Radio VHF–FM channel 16 (156.8
MHz). The Coast Guard vessels
enforcing this section can be contacted
on Marine Band Radio VHF–FM
channel 16 (156.8 MHz).
(3) Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement. This safety zone will
be enforced January 12, 2019, through
December 31, 2019, from 7 p.m. to 11:59
p.m. each day that a barge with a
‘‘FIREWORKS—DANGER—STAY
AWAY’’ sign on the port and starboard
sides is on-scene or a ‘‘FIREWORKS—
DANGER—STAY AWAY’’ sign is
posted on land adjacent to the shoreline,
near the location described in paragraph
(a) of this section. The enforcement
times of this section are subject to
change, but the duration of each
enforcement of the zone is expected to
be 5 hours or less. Prior to enforcement,
the COTP will provide notice by
publishing a Notice of Enforcement in
the Federal Register, as well as issuing
a Broadcast Notice to Mariners.
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Dated: February 11, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–02465 Filed 2–14–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 3, 8, 14, 19, 20, and 21
RIN 2900–AQ26
VA Claims and Appeals Modernization
Department of Veterans Affairs.
Final rule; correction.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is correcting a final rule
regarding its claims adjudication,
appeals, and Rules of Practice of the
Board of Veterans’ Appeals (Board)
regulations. This correction addresses
minor technical errors in the published
final rule.
DATES: Effective February 19, 2019.
FOR FURTHER INFORMATION CONTACT:
Veterans Benefits Administration
information, Jennifer Williams, Senior
Management and Program Analyst,
Appeals Management Office,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 530–9124 (this is not a tollfree number). Board of Veterans’
Appeals information, parts 19 and 20:
Rachel Sauter, Counsel for Legislation,
Regulations, and Policy, Board of
Veterans’ Appeals. Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, (202) 632–
5555 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: Due to
technical errors and dropped
amendments in editing, VA is correcting
its final rule, VA Claims and Appeals
Modernization, that published January
18, 2019, in the Federal Register at 84
FR 138.
SUMMARY:
Corrections
In FR Rule Doc. No. 2018–28350,
beginning on page 138 in the issue of
January 18, 2019, make the following
corrections.
1. On page 139, second column, third
paragraph under ‘‘B. Comments
Concerning § 3.103—Procedural Due
Process and Other Rights,’’ in last
sentence (line 21), remove ‘‘to
§ 3.103(d)(2)’’.
2. On page 146, first column, in line
22, correct ‘‘§ 3.351(c)’’ to read
‘‘§ 3.151(c)’’, and in line 24, correct
‘‘admistrative’’ to read ‘‘administrative’’.
3. On page 168, second column,
correct instruction 8 to read as follows:
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‘‘8. In § 3.114, remove the word
‘‘reopened’’ and add in its place the
word ‘‘supplemental’’.’’
4. On page 169, first column, in the
amendment to § 3.156, add introductory
text, per instruction 11b, and correct the
third sentence in paragraph (a) to read
as follows:
§ 3.156
[Corrected]
New evidence is evidence not
previously part of the actual record
before agency adjudicators.
(a) * * * New evidence is evidence
not previously part of the actual record
before agency adjudicators. * * *
*
*
*
*
*
§ 3.2400
[Corrected]
5. On page 171, second column, in
paragraph (d) of added § 3.2400, add the
word ‘‘only’’ between the words
‘‘applicable’’ and ‘‘to’’.
■
§ 3.2500
[Corrected]
6. On page 171, third column, in
paragraph (b) of added § 3.2500, add a
period at the end of the first sentence
ending with ‘‘option’’.
■ 7. On page 172, third column, correct
instruction 31 and add text for revised
paragraph (c) to read as follows:
■ 31. Amend § 3.2600 by revising the
section heading, adding introductory
text, revising paragraph (c), and
removing paragraph (g).
The revisions and addition read as
follows:
■
§ 3.2600 Legacy review of benefit claims
decisions.
*
*
*
*
*
(c) The reviewer may conduct
whatever development he or she
considers necessary to resolve any
disagreements in the Notice of
Disagreement, consistent with
applicable law. This may include an
attempt to obtain additional evidence or
the holding of an informal conference
with the claimant. Upon the request of
the claimant, the reviewer will conduct
a hearing under the version of § 3.103(c)
of this chapter predating Public Law
115–55.
*
*
*
*
*
■ 8. On page 177, in the second column,
in the second table, add the entry
‘‘20.304. . . . . . . . . . . . . . . .19.54’’ at
the end of the table.
■ 9. On page 180, first column, before
instruction 95, add instruction 94a and
its corresponding regulatory text to read
as follows:
94a. Amend newly redesignated
§ 20.101 by revising the section heading
and paragraph (b) to read as follows:
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations
§ 20.101 Rule 101. Composition of the
Board; titles.
*
*
*
*
*
(b) A Member of the Board (other than
the Chairman) may also be known as a
Veterans Law Judge. An individual
designated as an acting member
pursuant to 38 U.S.C. 7101(c)(1) may
also be known as an acting Veterans
Law Judge.
10. On page 180, second column,
before instruction 96, add instruction
95a and its corresponding regulatory
text to read as follows:
95a. Amend newly redesignated
§ 20.103 by revising the section heading
to read as follows:
■
§ 20.103 Rule 103. Principal functions of
the Board.
*
*
*
*
*
11. On page 180, third column, before
instruction 97, add instructions 96a
through 96e and their corresponding
regulatory text to read as follows:
96a. Revise newly redesignated
§ 20.105 to read as follows:
■
§ 20.105 Rule 105. Criteria governing
disposition of appeals.
In the consideration of appeals and in
its decisions, the Board is bound by
applicable statutes, regulations of the
Department of Veterans Affairs, and
precedent opinions of the General
Counsel of the Department of Veterans
Affairs. The Board is not bound by
Department manuals, circulars, or
similar administrative issues.
96b. Amend newly redesignated
§ 20.106 by revising the section heading
to read as follows:
■
§ 20.106 Rule 106. Assignment of
proceedings.
*
*
*
*
*
96c. Amend newly redesignated
§ 20.107 by:
■ a. Revising the section heading;
■ b. Removing paragraph (b) and the
authority citation following paragraph
(b);
■ c. Redesignating paragraph (c) as
paragraph (b); and d. In newly
redesignated paragraph (b), removing
the text ‘‘paragraphs (a) and (b)’’ and
adding in its place the text ‘‘paragraph
(a)’’.
The revision reads as follows:
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■
§ 20.107 Rule 107. Disqualification of
Members.
*
*
*
*
*
96d. Amend newly redesignated
§ 20.108 by revising the section heading
to read as follows:
■
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§ 20.108 Rule 108. Delegation of authority
to Chairman and Vice Chairman, Board of
Veterans’ Appeals.
*
*
*
*
*
96e. Revise newly redesignated
§ 20.109 to read as follows:
■
§ 20.109 Rule 109. Delegation of authority
to Vice Chairman, Deputy Vice Chairmen, or
Members of the Board.
(a) The authority exercised by the
Chairman of the Board of Veterans’
Appeals described in Rules 106(b) and
107(b) (§§ 20.106(b) and 20.107(b)) may
also be exercised by the Vice Chairman
of the Board.
(b) The authority exercised by the
Chairman of the Board of Veterans’
Appeals described in Rules 1004 and
1002(c) (§§ 20.1004 and 20.1002(c)) may
also be exercised by the Vice Chairman
of the Board and by Deputy Vice
Chairmen of the Board.
(c) The authority exercised by the
Chairman of the Board of Veterans’
Appeals described in Rule 2 (§ 20.2),
may also be exercised by the Vice
Chairman of the Board; by Deputy Vice
Chairmen of the Board; and, in
connection with a proceeding or motion
assigned to them by the Chairman, by a
Member or Members of the Board.
(Authority: 38 U.S.C. 512(a), 7102, 7104)
12. On page 183, in the second
column, above the Subpart F heading,
correct ‘‘§§ 20.404–20.499 [Reserved] ’’
to read ‘‘§§ 20.408–20.499 [Reserved]’’.
■
§ 20.6
[Corrected]
13. On page 184, in the first column,
in § 20.6, in line 14 of paragraph (a)(1),
remove the quotation mark before
‘‘§ 14.630’’.
■ 14. On page 184, in the second
column, correct the heading and
instruction 120 to read as follows:
■
§§ 20.606–20.611
120. Add reserved §§ 20.606–20.611.
■ 15. On page 187, in the third column,
correct the section heading of the newly
redesignated § 20.709 to read as follows:
■
§ 20.709
Rule 709. Subpoenas.
*
*
*
*
*
■ 16. On page 188, in the third column,
under the heading ‘‘ § 20.800
[Redesignated as § 20.901]’’, remove
‘‘153.’’ from the end of the instruction.
■ 17. On page 190, before instruction
162, add instructions 161a through 161c
and their corresponding regulatory text
to read as follows:
■ 161a. Amend newly redesignated
§ 20.903:
■ a. By revising the section heading;
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b. In the second sentence of paragraph
(b), by removing the words ‘‘separately
stated’’;
■ c. By removing the authority citation
at the end of paragraph (b); and
■ d. By adding an authority citation at
the end of the section.
The revision and addition read as
follows:
■
§ 20.903
*
*
Rule 903. The decision.
*
*
*
(Authority: 38 U.S.C. 7104(d) (2016))
161b. Amend newly redesignated
§ 20.904:
■ a. By revising the section heading;
■ b. In paragraph (c), by removing the
text ‘‘subpart B of this part’’ and adding
in its place the text ‘‘part 19, subpart B
of this chapter’’;
■ c. In paragraph (c), by removing the
text ‘‘§ 20.204’’ and adding in its place
the text ‘‘§ 19.55’’;
■ d. In paragraph (d)(3), by removing the
text ‘‘§ 20.1304(c) of this chapter’’ and
adding in its place the text ‘‘Rule 1305
(§ 20.1305(c) of this part)’’;
■ e. In paragraph (d)(4), by removing the
text ‘‘§ 20.901 of this chapter’’ and
adding in its place the text ‘‘Rule 906
(§ 20.906 of this part)’’; and
■ f. By revising the authority citation at
the end of the section.
The revisions read as follows:
■
§ 20.904
action.
*
*
Remand or referral for further
*
*
*
Authority: 38 U.S.C. 7102, 7103(c); 38
U.S.C. 7104(a), 7105 (2016).
161c. Amend newly redesignated
§ 20.905 by revising the section heading
to read as follows:
■
§ 20.905 Rule 905. Content of Board
decision, remand, or order in
simultaneously contested claims.
*
[Reserved]
4337
*
§ 20.1000
*
*
*
[Corrected]
18. On page 191, in the first column,
in § 20.1000, in paragraph (a)(3), correct
‘‘app7al’’ to read ‘‘appeal’’.
■ 19. On page 191, in the second
column, before instruction 170, add
instruction 169a and its corresponding
regulatory text to read as follows:
169a. Amend newly redesignated
§ 20.1004 by:
■ a. Revising the section heading; and
■ b. Removing the word ‘‘heard’’ in
paragraph (b) and adding in its place the
word ‘‘decided’’ both places it appears.
The revision reads as follows:
■
§ 20.1004
panel.
*
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*
Rule 1004. Reconsideration
*
15FER1
*
*
4338
Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations
Approved: February 6, 2019.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2019–01840 Filed 2–14–19; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2018–0212; FRL–9984–75–
Region 1]
Air Plan Approval; Connecticut;
Prevention of Significant Deterioration;
Revisions to the Prevention of
Significant Deterioration Greenhouse
Gas Permitting Authority
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Connecticut.
This revision affects provisions
applicable to greenhouse gases (GHGs)
in the EPA’s Prevention of Significant
Deterioration (PSD) permit program.
Connecticut requested the revision in
response to the June 23, 2014, U.S.
Supreme Court’s decision in Utility Air
Regulatory Group (UARG) v. EPA and
the April 10, 2015, Amended Judgment
by the United States Court of Appeals
for the District of Columbia Circuit (D.C.
Circuit) in Coalition for Responsible
Regulation v. EPA. The intended effect
of this action is to clarify that the State’s
PSD rules do not require a source to
obtain a permit solely because the
source emits or has the potential to emit
(PTE) GHGs: Above the PSD
applicability thresholds for new major
sources or for which there is a
significant emissions increase from a
modification. This action is being taken
in accordance with the Clean Air Act.
DATES: This rule is effective on March
18, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0212. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI 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
khammond on DSKBBV9HB2PROD with RULES
SUMMARY:
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form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1, Office of Ecosystem
Protection, Air Permits, Toxics, and
Indoor Programs Unit, 5 Post Office
Square—Suite 100, Boston, MA. The
EPA requests that if at all possible, you
contact the contact 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 legal holidays.
FOR FURTHER INFORMATION CONTACT:
Donald Dahl, Air Permits, Toxics, and
Indoor Programs Unit, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code OEP05–2), Boston, MA
02109–3912, tel. (617) 918–1657, email
dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On June 15, 2018 (83 FR 27936), the
EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of
Connecticut. The NPRM proposed
approval of removing the requirement
that a source would have to obtain a
PSD permit solely due to its GHG
emissions, commonly known as ‘‘Step
2’’ sources. The formal SIP revision was
submitted by Connecticut on February
15, 2018. The rationale for the EPA’s
proposed action is explained in the
NPRM and will not be restated here.
II. Response to Comments
The EPA received four comments
during the comment period. One
comment supported the EPA’s proposed
action. Three comments discuss subjects
outside the scope of this SIP action, do
not explain (or provide a legal basis for)
how the proposed action should differ
in any way, and make no specific
mention of the proposed action. As
such, these three comments are not
germane and do not require further
response to finalize the action as
proposed.
III. Final Action
The EPA is approving Connecticut’s
removal from Connecticut’s SIP of the
requirement that sources must obtain a
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PSD permit based solely on a source’s
GHG emissions.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference revisions to
RSCA Section 22a–174–3a(a)(1) entitled
‘‘Applicability,’’ RSCA Section 22a–
174–3a(j)(1) for when control
technology applies, and RSCA Sections
22a–174–3a(k)(1) and (2) regarding
applicability of GHGs for major
stationary sources and major
modifications, in the amendments to 40
CFR part 52 set forth below. All three
state regulations were effective February
8, 2018. The EPA has made, and will
continue to make, these documents
generally available electronically
through https://www.regulations.gov.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. 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);
• This action is not an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866.
• 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
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
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]]>Agencies
[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4336-4338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01840]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 3, 8, 14, 19, 20, and 21
RIN 2900-AQ26
VA Claims and Appeals Modernization
AGENCY: Department of Veterans Affairs.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is correcting a final
rule regarding its claims adjudication, appeals, and Rules of Practice
of the Board of Veterans' Appeals (Board) regulations. This correction
addresses minor technical errors in the published final rule.
DATES: Effective February 19, 2019.
FOR FURTHER INFORMATION CONTACT: Veterans Benefits Administration
information, Jennifer Williams, Senior Management and Program Analyst,
Appeals Management Office, Department of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420, (202) 530-9124 (this is not a toll-
free number). Board of Veterans' Appeals information, parts 19 and 20:
Rachel Sauter, Counsel for Legislation, Regulations, and Policy, Board
of Veterans' Appeals. Department of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420, (202) 632-5555 (this is not a toll-
free number).
SUPPLEMENTARY INFORMATION: Due to technical errors and dropped
amendments in editing, VA is correcting its final rule, VA Claims and
Appeals Modernization, that published January 18, 2019, in the Federal
Register at 84 FR 138.
Corrections
In FR Rule Doc. No. 2018-28350, beginning on page 138 in the issue
of January 18, 2019, make the following corrections.
1. On page 139, second column, third paragraph under ``B. Comments
Concerning Sec. 3.103--Procedural Due Process and Other Rights,'' in
last sentence (line 21), remove ``to Sec. 3.103(d)(2)''.
2. On page 146, first column, in line 22, correct ``Sec.
3.351(c)'' to read ``Sec. 3.151(c)'', and in line 24, correct
``admistrative'' to read ``administrative''.
3. On page 168, second column, correct instruction 8 to read as
follows:
``8. In Sec. 3.114, remove the word ``reopened'' and add in its
place the word ``supplemental''.''
4. On page 169, first column, in the amendment to Sec. 3.156, add
introductory text, per instruction 11b, and correct the third sentence
in paragraph (a) to read as follows:
Sec. 3.156 [Corrected]
New evidence is evidence not previously part of the actual record
before agency adjudicators.
(a) * * * New evidence is evidence not previously part of the
actual record before agency adjudicators. * * *
* * * * *
Sec. 3.2400 [Corrected]
0
5. On page 171, second column, in paragraph (d) of added Sec. 3.2400,
add the word ``only'' between the words ``applicable'' and ``to''.
Sec. 3.2500 [Corrected]
0
6. On page 171, third column, in paragraph (b) of added Sec. 3.2500,
add a period at the end of the first sentence ending with ``option''.
0
7. On page 172, third column, correct instruction 31 and add text for
revised paragraph (c) to read as follows:
0
31. Amend Sec. 3.2600 by revising the section heading, adding
introductory text, revising paragraph (c), and removing paragraph (g).
The revisions and addition read as follows:
Sec. 3.2600 Legacy review of benefit claims decisions.
* * * * *
(c) The reviewer may conduct whatever development he or she
considers necessary to resolve any disagreements in the Notice of
Disagreement, consistent with applicable law. This may include an
attempt to obtain additional evidence or the holding of an informal
conference with the claimant. Upon the request of the claimant, the
reviewer will conduct a hearing under the version of Sec. 3.103(c) of
this chapter predating Public Law 115-55.
* * * * *
0
8. On page 177, in the second column, in the second table, add the
entry ``20.304. . . . . . . . . . . . . . . .19.54'' at the end of the
table.
0
9. On page 180, first column, before instruction 95, add instruction
94a and its corresponding regulatory text to read as follows:
94a. Amend newly redesignated Sec. 20.101 by revising the section
heading and paragraph (b) to read as follows:
[[Page 4337]]
Sec. 20.101 Rule 101. Composition of the Board; titles.
* * * * *
(b) A Member of the Board (other than the Chairman) may also be
known as a Veterans Law Judge. An individual designated as an acting
member pursuant to 38 U.S.C. 7101(c)(1) may also be known as an acting
Veterans Law Judge.
0
10. On page 180, second column, before instruction 96, add instruction
95a and its corresponding regulatory text to read as follows:
95a. Amend newly redesignated Sec. 20.103 by revising the section
heading to read as follows:
Sec. 20.103 Rule 103. Principal functions of the Board.
* * * * *
0
11. On page 180, third column, before instruction 97, add instructions
96a through 96e and their corresponding regulatory text to read as
follows:
96a. Revise newly redesignated Sec. 20.105 to read as follows:
Sec. 20.105 Rule 105. Criteria governing disposition of appeals.
In the consideration of appeals and in its decisions, the Board is
bound by applicable statutes, regulations of the Department of Veterans
Affairs, and precedent opinions of the General Counsel of the
Department of Veterans Affairs. The Board is not bound by Department
manuals, circulars, or similar administrative issues.
0
96b. Amend newly redesignated Sec. 20.106 by revising the section
heading to read as follows:
Sec. 20.106 Rule 106. Assignment of proceedings.
* * * * *
0
96c. Amend newly redesignated Sec. 20.107 by:
0
a. Revising the section heading;
0
b. Removing paragraph (b) and the authority citation following
paragraph (b);
0
c. Redesignating paragraph (c) as paragraph (b); and d. In newly
redesignated paragraph (b), removing the text ``paragraphs (a) and
(b)'' and adding in its place the text ``paragraph (a)''.
The revision reads as follows:
Sec. 20.107 Rule 107. Disqualification of Members.
* * * * *
0
96d. Amend newly redesignated Sec. 20.108 by revising the section
heading to read as follows:
Sec. 20.108 Rule 108. Delegation of authority to Chairman and Vice
Chairman, Board of Veterans' Appeals.
* * * * *
0
96e. Revise newly redesignated Sec. 20.109 to read as follows:
Sec. 20.109 Rule 109. Delegation of authority to Vice Chairman,
Deputy Vice Chairmen, or Members of the Board.
(a) The authority exercised by the Chairman of the Board of
Veterans' Appeals described in Rules 106(b) and 107(b) (Sec. Sec.
20.106(b) and 20.107(b)) may also be exercised by the Vice Chairman of
the Board.
(b) The authority exercised by the Chairman of the Board of
Veterans' Appeals described in Rules 1004 and 1002(c) (Sec. Sec.
20.1004 and 20.1002(c)) may also be exercised by the Vice Chairman of
the Board and by Deputy Vice Chairmen of the Board.
(c) The authority exercised by the Chairman of the Board of
Veterans' Appeals described in Rule 2 (Sec. 20.2), may also be
exercised by the Vice Chairman of the Board; by Deputy Vice Chairmen of
the Board; and, in connection with a proceeding or motion assigned to
them by the Chairman, by a Member or Members of the Board.
(Authority: 38 U.S.C. 512(a), 7102, 7104)
0
12. On page 183, in the second column, above the Subpart F heading,
correct ``Sec. Sec. 20.404-20.499 [Reserved] '' to read ``Sec. Sec.
20.408-20.499 [Reserved]''.
Sec. 20.6 [Corrected]
0
13. On page 184, in the first column, in Sec. 20.6, in line 14 of
paragraph (a)(1), remove the quotation mark before ``Sec. 14.630''.
0
14. On page 184, in the second column, correct the heading and
instruction 120 to read as follows:
Sec. Sec. 20.606-20.611 [Reserved]
0
120. Add reserved Sec. Sec. 20.606-20.611.
0
15. On page 187, in the third column, correct the section heading of
the newly redesignated Sec. 20.709 to read as follows:
Sec. 20.709 Rule 709. Subpoenas.
* * * * *
0
16. On page 188, in the third column, under the heading `` Sec. 20.800
[Redesignated as Sec. 20.901]'', remove ``153.'' from the end of the
instruction.
0
17. On page 190, before instruction 162, add instructions 161a through
161c and their corresponding regulatory text to read as follows:
0
161a. Amend newly redesignated Sec. 20.903:
0
a. By revising the section heading;
0
b. In the second sentence of paragraph (b), by removing the words
``separately stated'';
0
c. By removing the authority citation at the end of paragraph (b); and
0
d. By adding an authority citation at the end of the section.
The revision and addition read as follows:
Sec. 20.903 Rule 903. The decision.
* * * * *
(Authority: 38 U.S.C. 7104(d) (2016))
0
161b. Amend newly redesignated Sec. 20.904:
0
a. By revising the section heading;
0
b. In paragraph (c), by removing the text ``subpart B of this part''
and adding in its place the text ``part 19, subpart B of this
chapter'';
0
c. In paragraph (c), by removing the text ``Sec. 20.204'' and adding
in its place the text ``Sec. 19.55'';
0
d. In paragraph (d)(3), by removing the text ``Sec. 20.1304(c) of this
chapter'' and adding in its place the text ``Rule 1305 (Sec.
20.1305(c) of this part)'';
0
e. In paragraph (d)(4), by removing the text ``Sec. 20.901 of this
chapter'' and adding in its place the text ``Rule 906 (Sec. 20.906 of
this part)''; and
0
f. By revising the authority citation at the end of the section.
The revisions read as follows:
Sec. 20.904 Remand or referral for further action.
* * * * *
Authority: 38 U.S.C. 7102, 7103(c); 38 U.S.C. 7104(a), 7105
(2016).
0
161c. Amend newly redesignated Sec. 20.905 by revising the section
heading to read as follows:
Sec. 20.905 Rule 905. Content of Board decision, remand, or order in
simultaneously contested claims.
* * * * *
Sec. 20.1000 [Corrected]
0
18. On page 191, in the first column, in Sec. 20.1000, in paragraph
(a)(3), correct ``app7al'' to read ``appeal''.
0
19. On page 191, in the second column, before instruction 170, add
instruction 169a and its corresponding regulatory text to read as
follows:
169a. Amend newly redesignated Sec. 20.1004 by:
0
a. Revising the section heading; and
0
b. Removing the word ``heard'' in paragraph (b) and adding in its place
the word ``decided'' both places it appears.
The revision reads as follows:
Sec. 20.1004 Rule 1004. Reconsideration panel.
* * * * *
[[Page 4338]]
Approved: February 6, 2019.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
the Secretary, Department of Veterans Affairs.
[FR Doc. 2019-01840 Filed 2-14-19; 8:45 am]
BILLING CODE 8320-01-P
