Update to Delegations of Authority to Certain Officials, 46331-46333 [2024-11715]
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Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 / Rules and Regulations
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Corrections
In FR Doc. 2023–13112, published in
the Federal Register on July 10, 2023
(88 FR 43820), we make the following
technical corrections:
1. On page 43871, in table 3.1, in the
third column, correct the first sentence
to read as follows:
‘‘Stating that a Direct Consolidation
loan disbursed on or after July 1, 2025,
that repaid a Direct parent PLUS loan,
a FFEL parent PLUS loan, or a Direct
Consolidation Loan that repaid a
consolidation loan that included a
Direct parent PLUS or FFEL parent
PLUS loan may only chose the ICR
plan.’’
■ 2. On page 43901, starting in the first
column, in instruction 6, in § 685.209,
correct paragraphs(c)(5)(i), (c)(5)(i)(B),
and (c)(5)(iii) to read as follows:
§ 685.209
§ 685.209
[Corrected]
*
*
*
*
*
(g) * * *
(1) * * *
(iii) In cases where the borrower’s
monthly payment amount calculated
under paragraphs (f)(1) through (3) of
this section or the borrower’s adjusted
monthly payment as calculated under
paragraphs (g)(1)(i) or (g)(1)(ii) of this
section is—
(A) Less than $5, the monthly
payment is $0; or
(B) Equal to or greater than $5 but less
than $10, the monthly payment is $10.
*
*
*
*
*
■ 4. On page 43904, in the second
column, in instruction 6, in § 685.209,
correct paragraph (m)(2) to read as
follows:
§ 685.209
[Corrected]
*
*
*
*
*
(m) * * *
(2) The borrower has approved the
disclosure of tax information under
paragraph (l)(1) of this section;
*
*
*
*
*
Miguel A. Cardona,
Secretary of Education.
[FR Doc. 2024–11300 Filed 5–28–24; 8:45 am]
BILLING CODE 4000–01–P
[Corrected]
*
lotter on DSK11XQN23PROD with RULES1
criteria in paragraph (c)(5)(ii) or
(c)(5)(iii).
*
*
*
*
*
(iii) A borrower who has a Direct
Consolidation Loan disbursed on or
after July 1, 2025, which repaid a Direct
parent PLUS loan, a FFEL parent PLUS
loan, or a Direct Consolidation Loan that
repaid a consolidation loan that
included a Direct parent PLUS or FFEL
parent PLUS loan may not choose any
IDR plan except the ICR plan.
■ 3. On page 43902, in the second
column, in instruction 6, correct
§ 685.209 by removing paragraphs
(g)(1)(i)(C) and g)(1)(ii)(C) and adding
paragraph (g)(1)(iii) to read as follows:
*
*
*
*
(c) * * *
(5)(i) Except as provided in (c)(5)(ii)
or (c)(5)(iii) of this section, a borrower
may enroll under the ICR plan only if
the borrower—.
*
*
*
*
*
(B) Was repaying a loan under the ICR
plan on July 1, 2024. A borrower who
was repaying under the ICR plan on or
after July 1, 2024, and changes to a
different repayment plan in accordance
with § 685.210(b) may not re-enroll in
the ICR plan unless they meet the
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15:42 May 28, 2024
Jkt 262001
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 2
RIN 2900–AS09
Update to Delegations of Authority to
Certain Officials
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulation
governing the Secretary’s delegations of
SUMMARY:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
46331
authority to reflect relevant
nomenclature changes to the names of
positions and groups within the Office
of General Counsel.
DATES: This rule is effective May 29,
2024.
FOR FURTHER INFORMATION CONTACT:
Michael Gibbs, Executive Director,
Management, Planning, and Analysis,
Office of General Counsel (026),
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 461–4995. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION: Title 38 of
the Code of Federal Regulations, chapter
I, part 2 governs Delegations of
Authority and includes 38 CFR 2.6
‘‘Secretary’s delegations of authority to
certain officials (38 U.S.C. 512).’’
Paragraph (e) of this regulation governs
delegations of authority to certain
officials within the Office of General
Counsel and is amended to reflect
changes to the names of certain Office
of General Counsel offices and
positions, including Chief Counsels, and
law groups, including the Revenue Law
Group and the Torts Law Group.
Administrative Procedure Act
This final rule is a rule of agency
procedure and practice that does not
impose new rights, duties, or obligations
on affected individuals but, rather,
explains that the Secretary delegates
authority to certain employees
occupying or acting in positions
designated in the regulation and
identifies the ways in which those
employees are authorized to act on
behalf of the Agency. Therefore, it is
exempt from the prior notice-andcomment and delayed-effective-date
requirements of 5 U.S.C. 553. See 5
U.S.C. 553(b)(A) and (d)(3). This rule
merely updates information regarding
the delegation of authority for Office of
General Counsel officials, the employees
who may serve in those roles, and the
names of certain offices and positions in
the Office of General Counsel.
Paperwork Reduction Act
This final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Regulatory Flexibility Act
The initial and final regulatory
flexibility analyses requirements of
sections 603 and 604 of the Regulatory
Flexibility Act, 5 U.S.C. 601–612, are
not applicable to this rule because a
notice of proposed rulemaking is not
required for this rule. Even so, the
Secretary hereby certifies that this final
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29MYR1
46332
Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 / Rules and Regulations
rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act. This rule will affect only: (1) Office
of General Counsel employees who are
identified as officials who have been
delegated authority under the
regulation, and (2) VA employees
seeking decisions or actions from those
Office of General Counsel officials who
have been delegated authority to act on
behalf of the Agency as described in the
regulation. Therefore, pursuant to 5
U.S.C. 605(b), the initial and final
regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do
not apply.
Executive Orders 12866, 13563 and
14094
Executive Order 12866 (Regulatory
Planning and Review) directs agencies
to assess the costs and benefits of
available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 (Executive Order on Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in
Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review),
and Executive Order 13563 of January
18, 2011 (Improving Regulation and
Regulatory Review). The Office of
Information and Regulatory Affairs has
determined that this rulemaking is not
a significant regulatory action under
Executive Order 12866, as amended by
Executive Order 14094. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
lotter on DSK11XQN23PROD with RULES1
Congressional Review Act
Pursuant to subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (known as the
Congressional Review Act) (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs designated this rule
as not satisfying the criteria under 5
U.S.C. 804(2).
VerDate Sep<11>2014
15:42 May 28, 2024
Jkt 262001
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule will have no
such effect on State, local, and Tribal
governments, or on the private sector.
List of Subjects in 38 CFR Part 2
Authority delegations (Government
agencies).
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved and signed
this document on May 20, 2024, 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.
Luvenia Potts,
Regulation Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
For the reasons set out in the
preamble, the Department of Veterans
Affairs amends 38 CFR part 2 as follows:
PART 2—DELEGATIONS OF
AUTHORITY
1. The authority citation for part 2
continues to read as follows:
■
Authority: 5 U.S.C. 302, 552a; 38 U.S.C.
501, 512, 515, 1729, 1729A, 5711; 44 U.S.C.
3702, and as noted in specific sections.
2. Amend § 2.6 by revising paragraphs
(e)(1) through (3), (e)(4) introductory
text, and (e)(5) through (11) to read as
follows:
■
§ 2.6 Secretary’s delegations of authority
to certain officials (38 U.S.C. 512).
*
*
*
*
*
(e) * * *
(1) The General Counsel is delegated
authority to serve as the Regulatory
Policy Officer for the Department in
accordance with Executive Order 12866.
The General Counsel, the Principal
Deputy General Counsel, the Deputy
General Counsels, and the Director of
the Office of Regulation Policy and
Management are delegated authority to
manage, direct, and coordinate the
Department’s rulemaking activities,
including the revision and
reorganization of regulations, and to
perform all functions necessary or
appropriate under Executive Order
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
12866 and other rulemaking
requirements.
(Authority: 38 U.S.C. 501, 512)
(2) Under the provisions of 38 U.S.C.
515(b), the General Counsel, the
Principal Deputy General Counsel, the
Deputy General Counsel for Legal
Operations, the Chief Counsel, Torts
Law Group, or those authorized to act
for them, are authorized to consider,
ascertain, adjust, determine, and settle
tort claims cognizable thereunder and to
execute an appropriate voucher and
other necessary instruments in
connection with the final disposition of
such claims.
(3) Under the provisions of ‘‘The
Federal Medical Care Recovery Act,’’ 42
U.S.C. 2651, et seq. (as implemented by
28 CFR part 43), authority is delegated
to the General Counsel, the Principal
Deputy General Counsel, the Deputy
General Counsel for General Law, and
Chief Counsel, Revenue Law Group, or
those authorized to act for them, to
collect in full, compromise, settle, or
waive any claim and execute the release
thereof; however, claims in excess of
$100,000 may be compromised, settled,
or waived only with the prior approval
of the Department of Justice.
(4) Under the Federal Claims
Collection Act of 1966, 31 U.S.C. 3711,
et seq., authority is delegated to the
General Counsel, the Principal Deputy
General Counsel, the Deputy General
Counsel for General Law and Chief
Counsel, Revenue Law Group, or those
authorized to act for them, to:
*
*
*
*
*
(5) Pursuant to the provisions of the
Military Personnel and Civilian
Employees’ Claim Act of 1964, 31 U.S.C.
3721, as amended, the General Counsel,
the Principal Deputy General Counsel,
the Deputy General Counsel for Legal
Operations and Chief Counsel, Torts
Law Group, or those authorized to act
for them, are authorized to settle and
pay a claim for not more than $40,000
made by a civilian officer or employee
of the Department of Veterans Affairs for
damage to, or loss of, personal property
incident to his or her service. (Pub. L.
97–226)
(6) Under the provisions of 38 U.S.C.
7316(e), authority is delegated to the
General Counsel, the Principal Deputy
General Counsel, the Deputy General
Counsel for Legal Operations, the Chief
Counsel, Torts Law Group, to hold
harmless or provide liability insurance
for any person to whom the immunity
provisions of section 7316 apply, for
damage for personal injury or death, or
for property damage, negligently caused
by such person while furnishing
medical care or treatment in the exercise
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Federal Register / Vol. 89, No. 104 / Wednesday, May 29, 2024 / Rules and Regulations
of his or her duties in or for the Veterans
Health Administration, if such person is
assigned to a foreign country, detailed to
State or political division thereof, or is
acting under any other circumstances
which would preclude the remedies of
an injured third person against the
United States, provided by sections
1346(b) and 2672 of title 28, United
States Code, for such damage or injury.
(7) The General Counsel, the Principal
Deputy General Counsel, the Deputy
General Counsels and those authorized
to act for them, are authorized to
conduct investigations, examine
witnesses, take affidavits, administer
oaths and affirmations, and certify
copies of public or private documents
on all matters within the jurisdiction of
the General Counsel.
(8) The General Counsel or the
Principal Deputy General Counsel,
acting as or for the General Counsel, is
authorized to designate, in accordance
with established standards, those legal
opinions of the General Counsel which
will be considered precedent opinions
involving veterans’ benefits under laws
administered by the Department of
Veterans Affairs.
(Authority: 38 U.S.C. 501, 512)
(9) Under the provisions of 38 U.S.C.
1729(c)(1), authority is delegated to the
General Counsel, the Principal Deputy
General Counsel, the Deputy General
Counsel for General Law, the Chief
Counsel, Revenue Law Group, or those
authorized to act for them, to collect in
full, compromise, settle, or waive any
claim and execute the release thereof.
(Authority: 31 U.S.C. 3711(a)(2); 38 U.S.C.
501, 512).
(10) Except as prescribed in paragraph
(g)(3) of this section, the General
Counsel, the Principal Deputy General
Counsel, the Deputy General Counsel
for General Law, and the Chief Counsel,
Information and Administrative Law
Group, are authorized to make final
Departmental decisions on appeals
under the Freedom of Information Act,
the Privacy Act, and 38 U.S.C. 5701,
5705 and 7332.
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(Authority: 38 U.S.C. 512)
(11) All authority delegated in this
paragraph to Chief Counsels will be
exercised by them under the
supervision of and in accordance with
instructions issued by the General
Counsel.
*
*
*
*
*
[FR Doc. 2024–11715 Filed 5–28–24; 8:45 am]
BILLING CODE 8320–01–P
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15:42 May 28, 2024
Jkt 262001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
46333
amendatory instruction 5, paragraph
(d)(2)(iii) is corrected to read as follows:
§ 622.41
[Corrected]
*
50 CFR Part 622
[Docket No. 240506–0129]
RIN 0648–BM46
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico;
Amendment 56; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
NMFS corrects the final rule
published on May 10, 2024, to
implement Amendment 56 to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(Amendment 56). The final rule
excluded a reference to the recreational
annual catch target in the recreational
accountability measures for gag. This
correction fixes that omission.
DATES: This correction is effective on
June 1, 2024.
FOR FURTHER INFORMATION CONTACT: Jack
McGovern, NMFS Southeast Regional
Office, phone: 727–204–5518, email:
john.mcgovern@noaa.gov.
SUPPLEMENTARY INFORMATION: In the
final rule to implement Amendment 56
(89 FR 40419, May 10, 2024), NMFS
modified the recreational accountability
measures (AMs) in 50 CFR
622.41(d)(2)(ii) and (iii) to reflect the
changes in Amendment 56. However,
NMFS mistakenly omitted reference to
the recreational annual catch target
(ACT) in § 622.41(d)(2)(iii), which
describes the recreational AMs that are
applicable if recreational landings
exceed the recreational annual catch
limit (ACL) and gag in the Gulf of
Mexico is overfished based on the most
recent Status of U.S. Fisheries Report to
Congress. Under those circumstances,
NMFS reduces both the recreational
ACL and ACT for the following fishing
year by the amount of the recreational
ACL overage in the previous fishing
year. In the final rule preamble on page
40422 and in response to Comment 23
on page 40430, NMFS correctly
described the recreational AMs and
corrects the final rule accordingly.
SUMMARY:
Federal Register Correction
Effective June 1, 2024, in rule
document 2024–10208 at 89 FR 40419
in the issue of May 10, 2024, on page
40436, in the second column, in
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
*
*
*
*
(d) * * *
(2) * * *
(iii) In addition to the measures
specified in paragraph (d)(2)(ii) of this
section, if the NMFS SRD estimates that
gag recreational landings have exceeded
the applicable ACL specified in
paragraph (d)(2)(i) of this section and
gag is overfished based on the most
recent Status of U.S. Fisheries Report to
Congress, the following measure will
apply. The AA will file a notification
with the Office of the Federal Register,
at or near the beginning of the following
fishing year, to reduce the recreational
ACL and ACT for that following year by
the amount of the ACL overage in the
prior fishing year, unless the best
scientific information available
determines that a greater, lesser, or no
overage adjustment is necessary.
*
*
*
*
*
Dated: May 23, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024–11698 Filed 5–28–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 240417–0111]
RIN 0648–BM42
Fisheries of the Exclusive Economic
Zone Off Alaska; Cook Inlet Salmon;
Amendment 16; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
On April 30, 2024, NMFS
published a final rule to implement
amendment 16 to the Fishery
Management Plan for the Salmon
Fisheries in the Exclusive Economic
Zone off Alaska. The final rule included
an incorrect length for drift gillnet gear
and an unclear heading title. These
corrections fix these errors.
DATES: Effective on May 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Adam Zaleski, 907–586–7228.
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Rules and Regulations]
[Pages 46331-46333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11715]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 2
RIN 2900-AS09
Update to Delegations of Authority to Certain Officials
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulation governing the Secretary's delegations of authority to
reflect relevant nomenclature changes to the names of positions and
groups within the Office of General Counsel.
DATES: This rule is effective May 29, 2024.
FOR FURTHER INFORMATION CONTACT: Michael Gibbs, Executive Director,
Management, Planning, and Analysis, Office of General Counsel (026),
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC
20420, (202) 461-4995. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: Title 38 of the Code of Federal Regulations,
chapter I, part 2 governs Delegations of Authority and includes 38 CFR
2.6 ``Secretary's delegations of authority to certain officials (38
U.S.C. 512).'' Paragraph (e) of this regulation governs delegations of
authority to certain officials within the Office of General Counsel and
is amended to reflect changes to the names of certain Office of General
Counsel offices and positions, including Chief Counsels, and law
groups, including the Revenue Law Group and the Torts Law Group.
Administrative Procedure Act
This final rule is a rule of agency procedure and practice that
does not impose new rights, duties, or obligations on affected
individuals but, rather, explains that the Secretary delegates
authority to certain employees occupying or acting in positions
designated in the regulation and identifies the ways in which those
employees are authorized to act on behalf of the Agency. Therefore, it
is exempt from the prior notice-and-comment and delayed-effective-date
requirements of 5 U.S.C. 553. See 5 U.S.C. 553(b)(A) and (d)(3). This
rule merely updates information regarding the delegation of authority
for Office of General Counsel officials, the employees who may serve in
those roles, and the names of certain offices and positions in the
Office of General Counsel.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Regulatory Flexibility Act
The initial and final regulatory flexibility analyses requirements
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C.
601-612, are not applicable to this rule because a notice of proposed
rulemaking is not required for this rule. Even so, the Secretary hereby
certifies that this final
[[Page 46332]]
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act. This rule will affect only: (1) Office of General
Counsel employees who are identified as officials who have been
delegated authority under the regulation, and (2) VA employees seeking
decisions or actions from those Office of General Counsel officials who
have been delegated authority to act on behalf of the Agency as
described in the regulation. Therefore, pursuant to 5 U.S.C. 605(b),
the initial and final regulatory flexibility analysis requirements of 5
U.S.C. 603 and 604 do not apply.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rulemaking is not a significant regulatory action under Executive Order
12866, as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at www.regulations.gov.
Congressional Review Act
Pursuant to subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not satisfying the criteria under 5 U.S.C.
804(2).
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and Tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule will have no such effect on
State, local, and Tribal governments, or on the private sector.
List of Subjects in 38 CFR Part 2
Authority delegations (Government agencies).
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on May 20, 2024, 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.
Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, the Department of Veterans
Affairs amends 38 CFR part 2 as follows:
PART 2--DELEGATIONS OF AUTHORITY
0
1. The authority citation for part 2 continues to read as follows:
Authority: 5 U.S.C. 302, 552a; 38 U.S.C. 501, 512, 515, 1729,
1729A, 5711; 44 U.S.C. 3702, and as noted in specific sections.
0
2. Amend Sec. 2.6 by revising paragraphs (e)(1) through (3), (e)(4)
introductory text, and (e)(5) through (11) to read as follows:
Sec. 2.6 Secretary's delegations of authority to certain officials
(38 U.S.C. 512).
* * * * *
(e) * * *
(1) The General Counsel is delegated authority to serve as the
Regulatory Policy Officer for the Department in accordance with
Executive Order 12866. The General Counsel, the Principal Deputy
General Counsel, the Deputy General Counsels, and the Director of the
Office of Regulation Policy and Management are delegated authority to
manage, direct, and coordinate the Department's rulemaking activities,
including the revision and reorganization of regulations, and to
perform all functions necessary or appropriate under Executive Order
12866 and other rulemaking requirements.
(Authority: 38 U.S.C. 501, 512)
(2) Under the provisions of 38 U.S.C. 515(b), the General Counsel,
the Principal Deputy General Counsel, the Deputy General Counsel for
Legal Operations, the Chief Counsel, Torts Law Group, or those
authorized to act for them, are authorized to consider, ascertain,
adjust, determine, and settle tort claims cognizable thereunder and to
execute an appropriate voucher and other necessary instruments in
connection with the final disposition of such claims.
(3) Under the provisions of ``The Federal Medical Care Recovery
Act,'' 42 U.S.C. 2651, et seq. (as implemented by 28 CFR part 43),
authority is delegated to the General Counsel, the Principal Deputy
General Counsel, the Deputy General Counsel for General Law, and Chief
Counsel, Revenue Law Group, or those authorized to act for them, to
collect in full, compromise, settle, or waive any claim and execute the
release thereof; however, claims in excess of $100,000 may be
compromised, settled, or waived only with the prior approval of the
Department of Justice.
(4) Under the Federal Claims Collection Act of 1966, 31 U.S.C.
3711, et seq., authority is delegated to the General Counsel, the
Principal Deputy General Counsel, the Deputy General Counsel for
General Law and Chief Counsel, Revenue Law Group, or those authorized
to act for them, to:
* * * * *
(5) Pursuant to the provisions of the Military Personnel and
Civilian Employees' Claim Act of 1964, 31 U.S.C. 3721, as amended, the
General Counsel, the Principal Deputy General Counsel, the Deputy
General Counsel for Legal Operations and Chief Counsel, Torts Law
Group, or those authorized to act for them, are authorized to settle
and pay a claim for not more than $40,000 made by a civilian officer or
employee of the Department of Veterans Affairs for damage to, or loss
of, personal property incident to his or her service. (Pub. L. 97-226)
(6) Under the provisions of 38 U.S.C. 7316(e), authority is
delegated to the General Counsel, the Principal Deputy General Counsel,
the Deputy General Counsel for Legal Operations, the Chief Counsel,
Torts Law Group, to hold harmless or provide liability insurance for
any person to whom the immunity provisions of section 7316 apply, for
damage for personal injury or death, or for property damage,
negligently caused by such person while furnishing medical care or
treatment in the exercise
[[Page 46333]]
of his or her duties in or for the Veterans Health Administration, if
such person is assigned to a foreign country, detailed to State or
political division thereof, or is acting under any other circumstances
which would preclude the remedies of an injured third person against
the United States, provided by sections 1346(b) and 2672 of title 28,
United States Code, for such damage or injury.
(7) The General Counsel, the Principal Deputy General Counsel, the
Deputy General Counsels and those authorized to act for them, are
authorized to conduct investigations, examine witnesses, take
affidavits, administer oaths and affirmations, and certify copies of
public or private documents on all matters within the jurisdiction of
the General Counsel.
(8) The General Counsel or the Principal Deputy General Counsel,
acting as or for the General Counsel, is authorized to designate, in
accordance with established standards, those legal opinions of the
General Counsel which will be considered precedent opinions involving
veterans' benefits under laws administered by the Department of
Veterans Affairs.
(Authority: 38 U.S.C. 501, 512)
(9) Under the provisions of 38 U.S.C. 1729(c)(1), authority is
delegated to the General Counsel, the Principal Deputy General Counsel,
the Deputy General Counsel for General Law, the Chief Counsel, Revenue
Law Group, or those authorized to act for them, to collect in full,
compromise, settle, or waive any claim and execute the release thereof.
(Authority: 31 U.S.C. 3711(a)(2); 38 U.S.C. 501, 512).
(10) Except as prescribed in paragraph (g)(3) of this section, the
General Counsel, the Principal Deputy General Counsel, the Deputy
General Counsel for General Law, and the Chief Counsel, Information and
Administrative Law Group, are authorized to make final Departmental
decisions on appeals under the Freedom of Information Act, the Privacy
Act, and 38 U.S.C. 5701, 5705 and 7332.
(Authority: 38 U.S.C. 512)
(11) All authority delegated in this paragraph to Chief Counsels
will be exercised by them under the supervision of and in accordance
with instructions issued by the General Counsel.
* * * * *
[FR Doc. 2024-11715 Filed 5-28-24; 8:45 am]
BILLING CODE 8320-01-P