VA Claims and Appeals Modernization, 34787-34788 [2019-15153]

Download as PDF Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Rules and Regulations wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. jspears on DSK30JT082PROD with RULES 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 Directive 023–01 and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 VerDate Sep<11>2014 16:15 Jul 18, 2019 Jkt 247001 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting only 5 hours that will prohibit entry within 700 feet wide by 2600 feet in length on the waters of the Beaufort River in Beaufort, SC. It is categorically excluded from further review under paragraph L 60(a) in Table 3–1 of U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. 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. 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 amends 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T07–0463 to read as follows: ■ § 165.T07–0463 Safety Zone; Beaufort Water Festival Air Show, Beaufort, SC. (a) Location. This rule establishes a safety zone on certain waters of the Beaufort River, Beaufort, SC. The rule creates a regulated area that will encompass a portion of the waterway that is 700 feet wide by 2600 feet in length on waters of the Beaufort River encompassed within the following points: (1) 32°25′47″ N/080°40′44″ W, (2) 32°25′41″ N/080°40′14″ W, (3) 32°25′35″ N/080°40′16″ W, (4) 32°25′40″ N/080°40′46″ W. All coordinates are North American Datum 1983. (b) Definition. As used in this section, designated representative means a Coast PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 34787 Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Charleston (COTP) in the enforcement of the safety zone. (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. (2) To seek permission to enter, contact the COTP or the COTP’s representative by contacting the U.S. Coast Guard Sector Charleston Command Center via VHF–FM marine channel 16 or at (843) 740–7050. 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. Enforcement period. This rule will be enforced from 12 p.m. until 5 p.m. on July 20, 2019. Dated: July 15, 2019. J.W. Reed, Captain, U.S. Coast Guard, Captain of the Port, Charleston. [FR Doc. 2019–15356 Filed 7–18–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Parts 19 and 20 RIN 2900–AQ26 VA Claims and Appeals Modernization Department of Veterans Affairs. Correcting amendment. AGENCY: ACTION: On January 18, 2019, the Department of Veterans Affairs (VA) revised its regulations regarding appeals and Rules of Practice of the Board of Veterans’ Appeals (Board). On February 15, 2019, VA published a correction to that rule. This correction addresses technical errors in the final regulations. DATES: Effective July 19, 2019. FOR FURTHER INFORMATION CONTACT: 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: VA published a final rule, VA Claims and Appeals Modernization, on January 18, 2019, in the Federal Register at 84 FR 138, and a correction to the final rule that published February 15, 2019, in the Federal Register at 84 FR 4336. SUMMARY: E:\FR\FM\19JYR1.SGM 19JYR1 34788 Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Rules and Regulations This document augments the corrections which were published in the Federal Register on February 15, 2019 (84 FR 4336). List of Subjects in 38 CFR Parts 19 and 20 Administrative practice and procedure, Claims, Veterans. Accordingly, 38 CFR parts 19 and 20 are amended by making the following correcting amendments: 1. The authority citation for part 19 continues to read as follows: ■ Authority: 38 U.S.C. 501(a), unless otherwise noted. [Reserved] 2. Add reserved §§ 19.15 through 19.19 to subpart A. ■ § 19.30 § 19.51 Place of filing Notice of Disagreement and Substantive Appeal. * * (Authority: 38 U.S.C. 7105(b)(1), (d)(3) (2016)) PART 20—BOARD OF VETERANS’ APPEALS: RULES OF PRACTICE 5. The authority citation for part 20 continues to read as follows: ■ Authority: 38 U.S.C. 501(a) and as noted in specific sections. * * § 20.303 * * [Amended] 7. In § 20.303, amend paragraph (b)(2) by removing the comma after ‘‘Rule 202’’. jspears on DSK30JT082PROD with RULES [Amended] 8. In § 20.405, amend the first sentence by removing ‘‘30 day period’’ and adding ‘‘30-day period’’ in its place. ■ 9. In § 20.407, revise the section heading to read as follows: ■ VerDate Sep<11>2014 16:15 Jul 18, 2019 Jkt 247001 [Amended] 10. In § 20.502, remove the first occurrence of ‘‘38 U.S.C.’’ in the authority citation following paragraph (c). ■ 11. Revise § 20.707 to read as follows: § 20.707 Rule 707. Prehearing conference. * * * * (b) Joint Pathology Center opinions. The Board may refer pathologic material to the Joint Pathology Center and request an opinion based on that material. (Authority: 38 U.S.C. 7109(a)) * * § 20.1405 * * * [Amended] 17. In § 20.1405, in paragraph (c)(2), remove ‘‘Planning and Analysis (014)’’. ■ Approved: July 11, 2019. Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. [FR Doc. 2019–15153 Filed 7–18–19; 8:45 am] BILLING CODE 8320–01–P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES § 20.711 Rule 711. Hearings in simultaneously contested claims. National Endowment for the Humanities * 45 CFR Part 1169 ■ * * * * 13. Revise § 20.713 to read as follows: § 20.713 Rule 713. Recording of hearing by appellant or representative. An appellant or representative may record the hearing with his or her own equipment. Filming, videotaping or televising the hearing may only be authorized when prior written consent is obtained from all appellants and contesting claimants, if any, and made a matter of record. In no event will such additional equipment be used if it interferes with the conduct of the hearing or the official recording apparatus. In all such situations, advance arrangements must be made with the Board of Veterans’ Appeals, P.O. Box 27063, Washington, DC 20038. [Amended] 14. In § 20.800, in the first sentence of paragraph (c)(3), remove the words ‘‘member’’ and ‘‘members’’ and add in their place ‘‘Member’’ and ‘‘Members’’, respectively, and in paragraph (e), remove ‘‘Rule 803’’ and add ‘‘Rule 802’’ in its place. ■ 15. In § 20.904, revise the section heading to read as follows: ■ ■ § 20.405 * ■ § 20.800 Rule 104. Jurisdiction of the * * (Authority: 38 U.S.C. 7102, 7107) 6. In § 20.104, revise the section heading to read as follows: ■ § 20.104 Board. § 20.502 * 12. In § 20.711, revise the section heading to read as follows: [Amended] * * * ■ 3. In § 19.30, amend paragraph (b) by removing ‘‘and’’ before ‘‘a VA Form 9’’ and by removing the comma after ‘‘Appeal to Board of Veterans’ Appeals’’ and adding a semicolon in its place. ■ 4. In § 19.51, revise the section heading and the authority citation at the end of the section to read as follows: * * (Authority: 38 U.S.C. 7102, 7107) ■ * § 20.906 Rule 906. Medical opinions and opinions of the General Counsel. An appellant’s authorized representative may request a prehearing conference with the presiding Member of a hearing to clarify the issues to be considered at a hearing on appeal, obtain rulings on the admissibility of evidence, develop stipulations of fact, establish the length of argument which will be permitted, or take other steps which will make the hearing itself more efficient and productive. PART 19—BOARD OF VETERANS’ APPEALS: LEGACY APPEALS REGULATIONS § § 19.15 through 19.19 § 20.407 Rule 407. Favorable findings are not binding in contested claims. § 20.904 Rule 904. Remand or referral for further action. * * * * * ■ 16. In § 20.906, revise paragraph (b) to read as follows: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 RIN 3136–AA18 Implementation of the Privacy Act of 1974 National Endowment for the Humanities. ACTION: Final rule. AGENCY: The National Endowment for the Humanities (‘‘NEH’’) is issuing regulations to implement the Privacy Act of 1974 (the ‘‘Privacy Act’’). These regulations establish procedures by which an individual may determine whether a system of records maintained by NEH contains a record pertaining to him or her; gain access to such records; and request correction or amendment of such records. These regulations also establish exemptions from certain Privacy Act requirements for all or part of certain systems of records maintained by NEH. DATES: Effective August 19, 2019. FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General Counsel, Office of the General Counsel, National Endowment for the Humanities, 400 Seventh Street SW, Room 4060, Washington, DC 20506; (202) 606–8322; gencounsel@neh.gov. SUPPLEMENTARY INFORMATION: SUMMARY: 1. Background NEH operates as part of the National Foundation on the Arts and the E:\FR\FM\19JYR1.SGM 19JYR1

Agencies

[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Rules and Regulations]
[Pages 34787-34788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15153]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 19 and 20

RIN 2900-AQ26


VA Claims and Appeals Modernization

AGENCY: Department of Veterans Affairs.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: On January 18, 2019, the Department of Veterans Affairs (VA) 
revised its regulations regarding appeals and Rules of Practice of the 
Board of Veterans' Appeals (Board). On February 15, 2019, VA published 
a correction to that rule. This correction addresses technical errors 
in the final regulations.

DATES: Effective July 19, 2019.

FOR FURTHER INFORMATION CONTACT: 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: VA published a final rule, VA Claims and 
Appeals Modernization, on January 18, 2019, in the Federal Register at 
84 FR 138, and a correction to the final rule that published February 
15, 2019, in the Federal Register at 84 FR 4336.

[[Page 34788]]

    This document augments the corrections which were published in the 
Federal Register on February 15, 2019 (84 FR 4336).

List of Subjects in 38 CFR Parts 19 and 20

    Administrative practice and procedure, Claims, Veterans.

    Accordingly, 38 CFR parts 19 and 20 are amended by making the 
following correcting amendments:

PART 19--BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS

0
1. The authority citation for part 19 continues to read as follows:

    Authority:  38 U.S.C. 501(a), unless otherwise noted.


Sec.  Sec.  19.15 through 19.19  [Reserved]

0
2. Add reserved Sec. Sec.  19.15 through 19.19 to subpart A.


Sec.  19.30  [Amended]

0
3. In Sec.  19.30, amend paragraph (b) by removing ``and'' before ``a 
VA Form 9'' and by removing the comma after ``Appeal to Board of 
Veterans' Appeals'' and adding a semicolon in its place.

0
4. In Sec.  19.51, revise the section heading and the authority 
citation at the end of the section to read as follows:


Sec.  19.51  Place of filing Notice of Disagreement and Substantive 
Appeal.

* * * * *

(Authority: 38 U.S.C. 7105(b)(1), (d)(3) (2016))

PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE

0
5. The authority citation for part 20 continues to read as follows:

    Authority: 38 U.S.C. 501(a) and as noted in specific sections.


0
6. In Sec.  20.104, revise the section heading to read as follows:


Sec.  20.104  Rule 104. Jurisdiction of the Board.

* * * * *


Sec.  20.303  [Amended]

0
7. In Sec.  20.303, amend paragraph (b)(2) by removing the comma after 
``Rule 202''.


Sec.  20.405  [Amended]

0
8. In Sec.  20.405, amend the first sentence by removing ``30 day 
period'' and adding ``30-day period'' in its place.

0
9. In Sec.  20.407, revise the section heading to read as follows:


Sec.  20.407  Rule 407. Favorable findings are not binding in contested 
claims.

* * * * *


Sec.  20.502  [Amended]

0
10. In Sec.  20.502, remove the first occurrence of ``38 U.S.C.'' in 
the authority citation following paragraph (c).

0
11. Revise Sec.  20.707 to read as follows:


Sec.  20.707  Rule 707. Prehearing conference.

    An appellant's authorized representative may request a prehearing 
conference with the presiding Member of a hearing to clarify the issues 
to be considered at a hearing on appeal, obtain rulings on the 
admissibility of evidence, develop stipulations of fact, establish the 
length of argument which will be permitted, or take other steps which 
will make the hearing itself more efficient and productive.

(Authority: 38 U.S.C. 7102, 7107)


0
12. In Sec.  20.711, revise the section heading to read as follows:


Sec.  20.711  Rule 711. Hearings in simultaneously contested claims.

* * * * *

0
13. Revise Sec.  20.713 to read as follows:


Sec.  20.713  Rule 713. Recording of hearing by appellant or 
representative.

    An appellant or representative may record the hearing with his or 
her own equipment. Filming, videotaping or televising the hearing may 
only be authorized when prior written consent is obtained from all 
appellants and contesting claimants, if any, and made a matter of 
record. In no event will such additional equipment be used if it 
interferes with the conduct of the hearing or the official recording 
apparatus. In all such situations, advance arrangements must be made 
with the Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 
20038.

(Authority: 38 U.S.C. 7102, 7107)

Sec.  20.800  [Amended]

0
14. In Sec.  20.800, in the first sentence of paragraph (c)(3), remove 
the words ``member'' and ``members'' and add in their place ``Member'' 
and ``Members'', respectively, and in paragraph (e), remove ``Rule 
803'' and add ``Rule 802'' in its place.

0
15. In Sec.  20.904, revise the section heading to read as follows:


Sec.  20.904  Rule 904. Remand or referral for further action.

* * * * *

0
16. In Sec.  20.906, revise paragraph (b) to read as follows:


Sec.  20.906  Rule 906. Medical opinions and opinions of the General 
Counsel.

* * * * *
    (b) Joint Pathology Center opinions. The Board may refer pathologic 
material to the Joint Pathology Center and request an opinion based on 
that material.

(Authority: 38 U.S.C. 7109(a))

* * * * *


Sec.  20.1405  [Amended]

0
17. In Sec.  20.1405, in paragraph (c)(2), remove ``Planning and 
Analysis (014)''.

    Approved: July 11, 2019.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
the Secretary, Department of Veterans Affairs.
[FR Doc. 2019-15153 Filed 7-18-19; 8:45 am]
 BILLING CODE 8320-01-P
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