81_FR_47226 81 FR 47087 - Recognition of Tribal Organizations for Representation of VA Claimants

81 FR 47087 - Recognition of Tribal Organizations for Representation of VA Claimants

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 81, Issue 139 (July 20, 2016)

Page Range47087-47094
FR Document2016-17052

The Department of Veterans Affairs (VA) is proposing to amend its regulations concerning recognition of certain national, State, and regional or local organizations for purposes of VA claims representation. Specifically, this rulemaking would allow the Secretary of Veterans Affairs to recognize tribal organizations in a similar manner as the Secretary recognizes State organizations. The proposed rule would allow a tribal organization that is established and funded by one or more tribal governments to be recognized for the purpose of providing assistance on VA benefit claims. In addition, the proposed rule would allow an employee of a tribal government to become accredited through a recognized State organization in a similar manner as a County Veterans' Service Officer (CVSO) may become accredited through a recognized State organization. The intended effect of this proposed rule is to improve access of Native American veterans to VA-recognized organizations and VA- accredited individuals who may assist them on their benefit claims.

Federal Register, Volume 81 Issue 139 (Wednesday, July 20, 2016)
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Proposed Rules]
[Pages 47087-47094]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17052]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 14

RIN 2900-AP51


Recognition of Tribal Organizations for Representation of VA 
Claimants

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend 
its regulations concerning recognition of

[[Page 47088]]

certain national, State, and regional or local organizations for 
purposes of VA claims representation. Specifically, this rulemaking 
would allow the Secretary of Veterans Affairs to recognize tribal 
organizations in a similar manner as the Secretary recognizes State 
organizations. The proposed rule would allow a tribal organization that 
is established and funded by one or more tribal governments to be 
recognized for the purpose of providing assistance on VA benefit 
claims. In addition, the proposed rule would allow an employee of a 
tribal government to become accredited through a recognized State 
organization in a similar manner as a County Veterans' Service Officer 
(CVSO) may become accredited through a recognized State organization. 
The intended effect of this proposed rule is to improve access of 
Native American veterans to VA-recognized organizations and VA-
accredited individuals who may assist them on their benefit claims.

DATES: Written comments must be received on or before September 19, 
2016.

ADDRESSES: Written comments may be submitted through http://www.regulations.gov; by mail or hand delivery to the Director, 
Regulation Policy and Management (00REG), Department of Veterans 
Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by 
fax to (202) 273-9026. Comments should indicate that they are submitted 
in response to ``RIN 2900-AP51, Recognition of Tribal Organizations for 
Representation of VA Claimants.'' Copies of comments received will be 
available for public inspection in the Office of Regulation Policy and 
Management, Room 1068, between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 461-4902 for 
an appointment. (This is not a toll-free number.) In addition, during 
the comment period, comments may be viewed online through the Federal 
Docket Management System at http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Dana Raffaelli, Staff Attorney, 
Benefits Law Group, Office of the General Counsel, (022D), Department 
of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, 
(202) 461-7699. (This is not a toll free number.)

SUPPLEMENTARY INFORMATION: This proposed rule would amend part 14 of 
title 38, Code of Federal Regulations, to provide for the recognition 
of tribal organizations that are established and funded by tribal 
governments so that representatives of the organizations may assist 
Native American veterans and their families in the preparation, 
presentation, and prosecution of their VA benefit claims. The purpose 
of this proposed rule is to address the needs of Native American 
populations who are geographically isolated from existing recognized 
Veterans Service Organizations (VSOs) or who may not be utilizing other 
recognized VSOs due to cultural barriers or lack of familiarity with 
those organizations. Native American veterans face challenges accessing 
representation in VA claims because many live in remote areas that are 
far from the nearest accredited representative. In addition, some 
Native American veterans may prefer to seek assistance from 
organizations that are associated with their tribal government, rather 
than using other organizations that are not as familiar to them. This 
proposed rule would help facilitate the VA recognition of tribal 
organizations that are established and funded by one or more tribal 
governments and whose primary purpose is to serve Native American 
veterans.
    Pursuant to 38 U.S.C. 5902, VA recognizes organizations and 
accredits their representatives for the preparation, presentation, and 
prosecution of claims under laws administered by VA. VA's regulation 
regarding the recognition of such organizations is 38 CFR 14.628, which 
currently does not expressly allow for the recognition of tribal 
organizations. Under the current regulations, however, any 
organization, including an organization created by one or more tribal 
governments, may apply for recognition by VA as either: (1) A national 
organization, or (2) a regional or local organization. To be recognized 
as a national organization, the organization must meet the requirements 
of Sec.  14.628(a) and (d). To be recognized as a regional or local 
organization, the organization must meet the requirements of Sec.  
14.628(c) and (d). VA also accredits State organizations. To be 
recognized as a State organization, the organization must meet the 
requirements of Sec.  14.628(b) and (d). Under the current regulations, 
VA has received only a few inquiries from tribal governments expressing 
interest in pursuing any type of VA recognition other than the type of 
recognition granted to State organizations. Pursuant to 38 CFR 14.627 
and 14.629, VA recognition of a State organization is limited to 
organizations established and funded by a State, possession, territory, 
or Commonwealth of the United States, and the District of Columbia. 
This proposed rule would allow tribal governments to establish and fund 
tribal organizations in a similar manner as the State governments have 
established and funded State organizations. Allowing organizations that 
are created and funded by tribal governments to be recognized as 
``tribal organizations'' rather than as national, regional or local 
organizations would afford VA the opportunity to acknowledge and affirm 
the long-standing recognition by the Federal government of tribes' 
inherent sovereignty and right to self-government.
    This proposed rule would amend 38 CFR 14.627 by adding a paragraph 
(r) that would provide that tribal government means the Federally 
recognized governing body of any Indian tribe, band, nation, or other 
organized group or community, including any Alaska Native village or 
Regional or Village Corporation as defined in or established pursuant 
to the Alaska Native Claims Settlement Act, which is recognized as 
eligible for the special programs and services provided by the United 
States to Indians because of their status as Indians. This is 
consistent with the definition of Indian tribe in 38 CFR 39.2.
    This proposed rule would amend current Sec.  14.628(b) by 
redesignating it as paragraph (b)(1), ``State organization,'' and 
adding paragraph (b)(2), ``Tribal organization.'' VA would clarify that 
a Tribal organization, for the purposes of 38 CFR 14.626 through 
14.637, is a legally established organization that is primarily funded 
and controlled, sanctioned, or chartered by one or more tribal 
governments and that has a primary purpose of serving the needs of 
Native American veterans; that only one tribal organization may be 
recognized for each tribal government; and, that, if a tribal 
organization is created and funded by more than one tribal government, 
the approval of each tribal government must be obtained prior to 
applying for VA recognition and that, if one of the supporting tribal 
governments withdraws from the tribal organization, the tribal 
organization must notify VA of the withdrawal and certify that the 
tribal organization can continue to meet the recognition requirements 
in Sec.  14.628(d) without the participation of that tribal government. 
This change is intended to allow tribal organizations to be recognized 
in a similar manner as State organizations, while still taking into 
account the unique circumstances of tribal governments being sovereign 
nations and of varying sizes.
    In order to ensure that all claimants for VA benefits receive 
responsible, qualified representation in the preparation, presentation, 
and

[[Page 47089]]

prosecution in their claims for veterans' benefits, VA has established 
general criteria that apply to all organizations requesting VA 
recognition as a national, State, regional, or local organization under 
Sec.  14.628(a) through (c). Therefore, tribal organizations would also 
need to meet these same general requirements in order to be recognized. 
Pursuant to Sec.  14.628(d), an organization requesting recognition 
must: (1) Have as a primary purpose serving veterans, (2) demonstrate a 
substantial service commitment to veterans either by showing a sizable 
organizational membership or by showing performance of veterans' 
services to a sizable number of veterans, (3) commit a significant 
portion of its assets to veterans' services and have adequate funding 
to properly perform those services, (4) maintain a policy and 
capability of providing complete claims service to each claimant 
requesting representation or give written notice of any limitation in 
its claims service with advice concerning the availability of 
alternative sources of claims service, and (5) take affirmative action, 
including training and monitoring of accredited representatives, to 
ensure proper handling of claims.
    We recognize the varying sizes of tribal governments. We further 
recognize that, due to the size of certain smaller Indian tribes, a 
single tribal government may be unable to establish an organization 
that could demonstrate a substantial service commitment to veterans 
either by showing a sizable organizational membership or by showing 
performance of veterans' services to a sizable number of veterans. A 
single tribal government may also be unable to establish an 
organization that would be able to adequately fund the necessary 
services of a tribal organization that provides assistance with VA 
benefit claims. Therefore, VA would consider applications from a tribal 
organization that is established and funded by one or more tribal 
governments to be recognized for the purpose of providing assistance on 
VA benefit claims. The approval of each tribal government would be 
necessary for VA to process the request for VA recognition. While VA is 
sensitive to the fact that some tribal governments may have difficulty 
meeting the substantial service commitment and funding requirements, VA 
must ensure that VA accredited organizations can provide long-term, 
competent representation. Therefore, VA would require that, if one of 
the supporting tribal governments withdraws from the tribal 
organization, the tribal organization must notify VA of the withdrawal 
and certify that the tribal organization continues to meet the 
recognition requirements in Sec.  14.628(d) without the participation 
of that tribal government. We note that 25 U.S.C. 450b(l) recognizes 
the existence of tribal coalitions in the definition of tribal 
organization for the purpose of entering into contracts or grants for 
certain educational benefits. Additionally, in 38 CFR 39.2, VA has 
recognized the existence of a parallel concept for the purpose of 
applying for cemetery grants.
    Based on our experience in applying Sec.  14.628, we believe the 
proposed addition to the regulation would facilitate the recognition of 
Tribal organizations and would improve Native American veterans' access 
to accredited representatives. Once a tribal organization has been 
recognized by VA, the certifying official of the organization would be 
able to file for VA accreditation for the individuals that the 
organization wishes to become accredited as its representatives. See 38 
CFR 14.629.
    VA further recognizes that not all tribal governments may want to 
establish their own Tribal veterans organization and some may have 
already established working relationships with their respective State 
organizations to help address the needs of their Native American 
veteran population. We, therefore, propose to amend 38 CFR 14.629(a)(2) 
to allow for an employee of a tribal government that is not associated 
with a tribal organization, to become accredited as a representative of 
a State organization in a similar manner as a county employee, i.e., a 
CVSO. In 1990, in order to further ensure the availability of competent 
representation for VA claimants, VA extended the opportunity for 
accreditation through State organizations to county veterans' service 
officers. See 54 FR 50772; 55 FR 38056. In extending this opportunity, 
VA cited the close association between States and county veterans' 
service officers, likening the association to that of a State employee 
under 54 FR 50772. In a previous rulemaking, VA recognized the fact 
that State governments do not have direct supervision of, or 
accountability for, CVSO, and therefore, to ensure adequate training 
and fitness to serve as a VA accredited representative, VA prescribed 
criteria that such officers must meet in order to become accredited. 
The criteria for a CVSO to become accredited through a State 
organization are outlined in Sec.  14.629(a)(2)(i) through (iii). In 
order for a CVSO to be recommended for VA accreditation by a VA-
recognized State organization, the officer must be a paid employee of 
the county working for it not less than 1,000 hours annually; have 
successfully completed a course of training and an examination which 
have been approved by a Regional Counsel with jurisdiction for the 
State; and receive either regular supervision and monitoring or annual 
training to assure continued qualification as a representative in the 
claims process. We note that the VA Office of the General Counsel (OGC) 
has recently undergone realignment and under the new structure Regional 
Counsels are now referred to as Chief Counsels. To avoid unnecessary 
confusion and because we intend to issue a direct final rule addressing 
the realignment of OGC and the changing of titles of certain OGC 
positions in the accreditation regulations in a single rulemaking, we 
are continuing to use the outdated title of Regional Counsel for this 
rulemaking.
    Although tribal governments are not politically subordinate to 
State governments like county governments are, tribal governments often 
do have close, productive relationships with State governments through 
gaming compacts, cross-deputization, and other cooperative agreements. 
Therefore, we believe that the collaborative nature of the relationship 
between tribes and States supports the proposed concept of recognizing 
tribal veterans' service officers in a manner similar to county 
veterans' service officers. As stated above, we believe this additional 
path to become an accredited representative would further facilitate 
veterans obtaining representation across county, State, and tribal 
borders.
    For consistency, the proposed rule would also amend 38 CFR 14.635 
to extend office space opportunities already granted to certain 
employees of State organizations to employees of tribal organizations. 
The proposed rule would allow the Secretary to furnish office space and 
facilities, when available, to both State and tribal organization 
employees who are also accredited to national organizations for the 
purpose of assisting claimants in the preparation, presentation, and 
prosecution of claims for benefits.
    We are also requesting from the Office of Management and Budget 
(OMB) approval for the provisions of Sec.  14.628(d) that constitute a 
collection of information under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3521). Therefore, we would remove the current OMB control 
number parenthetical at the end of Sec.  14.628 and add, in its place, 
a placeholder parenthetical.
    Finally, we would make a technical amendment to Sec.  14.629(a)(2) 
to correct

[[Page 47090]]

``county veteran's service officer'' to read as ``county veterans' 
service officer''. In a prior rulemaking, we misplaced the location of 
the apostrophe associated with the previously mentioned phrase. See 54 
FR 50772 (Dec. 11, 1989); 55 FR 38056 (Sept. 17, 1990). Therefore, we 
would correct that error in this rulemaking.

Paperwork Reduction Act

    This proposed rule includes provisions constituting collections of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521) that require approval by OMB. Accordingly, under 44 U.S.C. 
3507(d), VA has submitted a copy of this rulemaking action to OMB for 
review.
    OMB assigns control numbers to collections of information it 
approves. VA may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. Proposed Sec.  14.628 contains a 
collection of information under the Paperwork Reduction Act of 1995. If 
OMB does not approve the collection of information as requested, VA 
will immediately remove the provisions containing a collection of 
information or take such other action as is directed by OMB.
    Comments on the collection of information contained in this 
proposed rule should be submitted to the Office of Management and 
Budget, Attention: Desk Officer for the Department of Veterans Affairs, 
Office of Information and Regulatory Affairs, Washington, DC 20503, 
with copies sent by mail or hand delivery to the Director, Regulation 
Policy and Management (00REG), Department of Veterans Affairs, 810 
Vermont Avenue NW., Room 1068, Washington, DC 20420; fax to (202) 273-
9026; email to www.Regulations.gov. Comments should indicate that they 
are submitted in response to ``RIN 2900-AP51.''
    OMB is required to make a decision concerning the collections of 
information contained in this proposed rule between 30 and 60 days 
after publication of this document in the Federal Register. Therefore, 
a comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication. This does not affect the 
deadline for the public to comment on the proposed rule.
    The Department considers comments by the public on proposed 
collections of information in--
     Evaluating whether the proposed collections of information 
are necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility;
     Evaluating the accuracy of the Department's estimate of 
the burden of the proposed collections of information, including the 
validity of the methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of the collections of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    The collection of information contained in 38 CFR 14.628 is 
described immediately following this paragraph, under its respective 
title.
    Title: Requirements for Recognition as a VA Accredited 
Organization.
     Summary of collection of information: The collection of 
information in 38 CFR 14.628 would require organizations seeking VA 
accreditation under Sec.  14.628 to submit certain documentation to 
certify that the organization meets the requirements for VA 
accreditation. Pursuant to Sec.  14.628(d), an organization requesting 
recognition must have as a primary purpose serving veterans. In 
establishing that it meets this requirement, an organization requesting 
recognition shall submit a statement establishing the purpose of the 
organization and that veterans would benefit by recognition of the 
organization.
    The organization must also demonstrate a substantial service 
commitment to veterans either by showing a sizable organizational 
membership or by showing performance of veterans' services to a sizable 
number of veterans. In establishing that it meets this requirement, an 
organization requesting recognition shall submit: The number of members 
and number of posts, chapters, or offices and their addresses; a copy 
of the articles of incorporation, constitution, charter, and bylaws of 
the organization, as appropriate; a description of the services 
performed or to be performed in connection with programs administered 
by VA, with an approximation of the number of veterans, survivors, and 
dependents served or to be served by the organization in each type of 
service designated; and a description of the type of services, if any, 
performed in connection with other Federal and State programs which are 
designed to assist former Armed Forces personnel and their dependents, 
with an approximation of the number of veterans, survivors, and 
dependents served by the organization under each program designated.
    An organization requesting recognition must commit a significant 
portion of its assets to veterans' services and have adequate funding 
to properly perform those services. In establishing that it meets this 
requirement, an organization requesting recognition shall submit: A 
copy of the last financial statement of the organization indicating the 
amount of funds allocated for conducting particular veterans' services 
(VA may, in cases where it deems necessary, require an audited 
financial statement); and a statement indicating that use of the 
organization's funding is not subject to limitations imposed under any 
Federal grant or law which would prevent it from representing claimants 
before VA.
    An organization requesting recognition must maintain a policy and 
capability of providing complete claims service to each claimant 
requesting representation or give written notice of any limitation in 
its claims service with advice concerning the availability of 
alternative sources of claims service. In establishing that it meets 
this requirement, an organization requesting recognition shall submit 
evidence of its capability to represent claimants before VA regional 
offices and before the Board of Veterans' Appeals. If an organization 
does not intend to represent claimants before the Board of Veterans' 
Appeals, the organization shall submit evidence of an association or 
agreement with a recognized service organization for the purpose of 
representation before the Board of Veterans' Appeals, or the proposed 
method of informing claimants of the limitations in service that can be 
provided, with advice concerning the availability of alternative 
sources of claims service. If an organization does not intend to 
represent each claimant requesting assistance, the organization shall 
submit a statement of its policy concerning the selection of claimants 
and the proposed method of informing claimants of this policy, with 
advice concerning the availability of alternative sources of claims 
service.
    An organization requesting recognition must take affirmative 
action, including training and monitoring of accredited 
representatives, to ensure proper handling of claims. In establishing 
that it meets this requirement, an organization requesting recognition 
shall submit: A statement of the skills, training, and other

[[Page 47091]]

qualifications of current paid or volunteer staff personnel for 
handling veterans' claims; and a plan for recruiting and training 
qualified claim representatives, including the number of hours of 
formal classroom instruction, the subjects to be taught, the period of 
on-the-job training, a schedule or timetable for training, the 
projected number of trainees for the first year, and the name(s) and 
qualifications of the individual(s) primarily responsible for the 
training.
    In addition, the organization requesting recognition shall supply: 
A statement that neither the organization nor its accredited 
representatives will charge or accept a fee or gratuity for service to 
a claimant and that the organization will not represent to the public 
that VA recognition of the organization is for any purpose other than 
claimant representation; and the names, titles, and addresses of 
officers and the official(s) authorized to certify representatives.
     Description of need for information and proposed use of 
information: The information is used by VA in reviewing accreditation 
applications to determine whether organizations meet the requirements 
for VA accreditation under Sec.  14.628.
     Description of likely respondents: Organizations seeking 
VA accreditation under Sec.  14.628.
     Estimated number of respondents: 5 applicants per year.
     Estimated frequency of responses: This is a one-time 
collection.
     Estimated average burden per response: 5 hours.
     Estimated total annual reporting and recordkeeping burden: 
25 hours per year.

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act, 5 
U.S.C. 601-612. It does not require any action on the part of any 
entity but merely provides a new opportunity for tribal organizations 
to become recognized by VA for the purpose of assisting VA claimants in 
the preparation, presentation, and prosecution of claims for VA 
benefits. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is 
exempt from the initial and final regulatory flexibility analysis 
requirements of sections 603 and 604.

Executive Order 13175

    Executive Order 13175 provides that Federal agencies may not issue 
a regulation that has tribal implications, that imposes substantial 
direct compliance costs on tribal governments, and that is not required 
by statute, unless the Federal government provides the funds necessary 
to pay the direct compliance costs incurred by the tribal governments 
or the Federal agency consults with tribal officials early in the 
process of developing the proposed regulation, develops and publishes 
in the Federal Register a tribal summary impact statement, and provides 
to the Director of OMB any written communications submitted to the 
agency by the tribal officials.
    On March 3 and 10, 2016, respectively, VA issued letters to tribal 
leaders as well as a Federal Register notice, 81 FR 12626, seeking 
comment on VA's consideration of issuing a proposed rule that would 
amend part 14 of title 38, Code of Federal Regulations, to expressly 
provide for the recognition of tribal organizations so that 
representatives of the organizations may assist Native American 
claimants in the preparation, presentation, and prosecution of their VA 
benefit claims. Those interested in providing comment were given 30-
days to respond. Based on requests from commenters, VA expanded the 
comment period an additional 15 days to April 26, 2016. VA received 
comments from 36 commenters. A few commenters submitted more than one 
comment. Overall, the comments were supportive of issuing such a 
proposed rule.
    One commenter wrote that, currently, their tribal representatives 
are being accredited through their State as well as other national 
organizations and was curious as to the ``road blocks'' other tribal 
organizations were facing. This commenter did not provide any 
suggestions, and therefore, no change to this rulemaking is warranted.
    Several commenters noted that currently Native American veterans 
face many roadblocks to obtaining representation. One commenter noted 
that geography, economic, and culture barriers prevent Native American 
veterans from utilizing currently available representation. These 
comments were offered in support of the proposed rule, and therefore, 
no change to this rulemaking is warranted.
    A few commenters misinterpreted the language provided in the 
consultation and notice as meaning that VA intended to propose that 
VA's recognition of a tribal organization would be tied to VA's 
recognition of the corresponding State organization. One commenter 
stated that VA should recognize a tribal organization as ``equal to'' a 
State organization. VA is not tying VA recognition of a tribal 
organization to a State and is choosing not to make value judgements as 
to the importance of the recognition granted to State organizations and 
Tribal organizations. Recognition of a tribal organization would stand 
on its own. VA has chosen to use the term similar rather than the term 
equal in this proposed rule because we are proposing some differences 
in the requirements for VA recognition of a tribal organization and the 
requirements for State organizations. Specifically, the proposed rule 
would allow a single tribal government, or multiple tribal governments 
to join together to establish and fund a tribal organization, but such 
allowance is not permitted for State governments.
    A few commenters misinterpreted the language provided in the 
consultation and notice as limiting recognition of a tribal veterans' 
service officer through a State. One commenter asked for clarification 
on what type of employees would be eligible to become accredited by VA. 
The commenter stated that employees of a tribal nation as well as a 
tribal organization should be eligible. We agree, and the proposed rule 
would allow for both avenues to attain VA accreditation depending on 
the tribal government's size, relationships with other tribal 
governments, relationships with States, and the needs of Native 
American veterans in their area. After a tribal organization becomes 
recognized by VA, that organization would be able to request to have 
its own representatives accredited under 38 CFR 14.629. In addition to 
proposing to recognize tribal organizations and accredit their 
representatives, VA would provide an additional means by which VA may 
recognize an employee of a tribal government as a tribal veterans' 
service officer through a State organization. This accreditation would 
be akin to accreditation given to county veterans' service officers 
through State organizations and is only meant to provide an additional 
path to VA accreditation. We propose that the requirements for a tribal 
veterans' service officer to become accredited as a representative 
through a State organization be the same as the requirements for a 
county veterans' service officer. Therefore, VA makes no changes based 
on these comments.
    One commenter asked what happens to the accreditation of a tribal 
organization if the Director is relinquished. It seems this comment 
stems from the misinterpretation previously discussed regarding the 
accreditation of a tribal organization and the corresponding State 
organization. The commenter also asked what

[[Page 47092]]

happens if the State refuses to sponsor the replacement officer. As 
discussed above, once a tribal organization becomes recognized by VA, 
that organization would be able to request to have its own 
representatives accredited under Sec.  14.629. The tribal organization 
can file with VA to have a replacement officer accredited. Therefore, 
VA makes no changes based on this comment.
    Several commenters also expressed concern over the requirements for 
recognition in Sec.  14.628(d). Specifically, the commenters expressed 
concern that many tribal organizations may not be able to satisfy the 
primary purpose, size, funding, and training requirements, to include 
providing the required, supporting documentation. One commenter 
suggested that VA provide the funding for tribes ``to engage in this 
work.'' Another commenter suggested including Indian Health Services 
for funding assistance. A few commenters expressed concern about the 
requirement that the organization must maintain a policy of either 
providing complete claims representation or provide ``written notice of 
any limitation in its claims service with advice concerning the 
availability of alternative sources of claims service.'' 38 CFR 
14.628(d)(1)(iv). One commenter seemed to believe VA was questioning 
the level of competence of tribal representatives. VA must ensure that 
VA accredited organizations can provide long-term, competent 
representation and has found that the Sec.  14.628(d) requirements are 
protective of that mission. These requirements apply to all 
organizations seeking VA recognition. Exempting tribal organizations 
from meeting the Sec.  14.628(d) requirements would not be consistent 
with the purpose of VA recognition to ensure that veterans are 
receiving qualified, competent representation on their VA benefit 
claims. As previously discussed, VA has provided additional means to 
achieve VA recognition or accreditation for those tribal governments 
that may have difficulty establishing a tribal organization capable of 
meeting the Sec.  14.628(d) requirements, to include the ability for 
one or more tribal governments to establish and fund a tribal 
organization and the ability of an employee of a tribal government to 
become accredited as a tribal veterans' service officer through a 
recognized State organization. Therefore, VA makes no changes based on 
these comments.
    One commenter suggested that VA grant accreditation to tribes 
through a Memorandum of Understanding and included their tribe's 
Memorandum of Understanding with their State. The commenter also 
questioned the role of VA in the accreditation and monitoring process. 
The laws governing VA accreditation are set out at 38 U.S.C. 5902 and 
5904 and 38 CFR 14.626-14.637. These laws apply to all organizations, 
agents, and attorneys seeking VA accreditation. Pursuant to Sec.  
14.628, the organization requesting VA accreditation must certify to VA 
that the organization meets the Sec.  14.628(d) requirements for 
recognition. Therefore, a Memorandum of Understanding between VA and a 
tribe is not sufficient for applying for VA accreditation. Furthermore, 
VA does monitor its accredited organizations, agents, and attorneys and 
handles disciplinary matters as they arise. Therefore, VA makes no 
changes based on this comment.
    One commenter suggested that VA engage in additional consultation 
with Tribes that would be ``interested in becoming recognized 
veterans['] service organizations, but are unable to meet the 
requirements.'' In the proposed rule, VA offers alternative avenues for 
VA recognition and accreditation for tribal governments that may not be 
capable of establishing an organization that can meet the VA 
recognition requirements in the proposed rule on their own. VA further 
welcomes additional comments as to the suitability of those alternative 
avenues through comments on this proposed rule. VA declines to make any 
changes based on this comment.
    One commenter also recommended that ``VA enter into Memorandums of 
Understanding with [F]ederally-recognized tribes and tribal 
organizations for [v]eterans' [s]ervice [o]fficer training and service 
reimbursement, on individual bases.'' Another commenter objected to the 
fact that there was ``no mention of funding to train and maintain such 
a position.'' Section 5902, of title 38, United State Code, which is 
the law that authorizes VA to recognize organizations for the purpose 
of providing assistance on VA benefit claims, does not provide for the 
funding of such organizations to train and maintain representatives. 
Pursuant to Sec.  14.628(d)(iii)(B), organizations are not precluded 
from seeking and receiving other sources of State and Federal grant 
funding so long as the organization's funding is not subject to 
limitations imposed under any Federal grant or law which would prevent 
it from representing claimants before VA. Therefore, VA declines to 
make any changes based on these comments.
    One commenter wrote that VA ``. . . should include [F]ederally-
recognized tribes, not just tribal organizations funded by tribal 
governments, as an entity from which applications will be considered to 
be recognized for . . .'' VA accreditation. Another commenter suggested 
adding ``[F]ederally recognized tribes'' or ``[F]ederally recognized 
tribal governments'' as part of the definition for tribal 
organizations. Another commenter suggested adding tribal communities. 
For the purposes of the regulations pertaining to the representation of 
VA claimants, VA proposes to define a tribal government to mean ``the 
Federally recognized governing body of any Indian tribe, band, nation, 
or other organized group or community . . .''. VA finds this definition 
to be inclusive of the comments, and therefore, no change is warranted.
    One commenter suggested a legislative amendment to the definition 
of State in 38 U.S.C. 101(20) to include ``[F]ederally recognized 
tribal governments.'' Amending the statutory language is something that 
only Congress can accomplish. Since VA is defining the term ``tribal 
government'' in regulation and providing an avenue for VA recognition 
of a tribal organization separate from a State organization, VA does 
not find such a legislative amendment necessary. Therefore, no change 
is warranted based on this comment.
    Several commenters wrote that ``[s]pecial attention must be paid to 
what specifically is meant by a `[t]ribal [o]rganization' '' and that 
VA should offer a clear definition of the term. The commenters did not 
offer any suggestions for such definition. As previously discussed, VA 
is defining this term for the purposes of this rulemaking. Therefore, 
VA does not make any changes based on this comment.
    Several commenters asked VA to clarify whether tribal governments, 
including veterans departments within these governments, would be 
eligible for VA recognition. A Department of Veterans Affairs or a 
Veterans Affairs office that is established and funded by a tribal 
government would be included in the definition of tribal organization. 
Therefore, no change to this rulemaking is warranted based on these 
comments.
    One commenter asked that VA provide recognition for urban Indian 
organizations. The comment is unclear on whether such an organization 
would be able to apply for VA recognition as a tribal organization. VA 
declines to add an additional organization category at this time. In 
addition to the proposed amendments discussed in this rulemaking, an 
organization may still utilize other avenues to apply for VA 
recognition such as requesting VA

[[Page 47093]]

recognition as a regional or local organization. To be recognized as a 
regional or local organization, an organization must meet the 
requirements of Sec.  14.628(c) and (d).
    Further, there are several ways that individuals, including tribal 
members, tribal government employees, and others who work within and 
serve tribal or Native American communities, may be accredited by VA to 
represent claimants. An individual may apply for accreditation as a 
representative through an existing VA-recognized organization under 
standards set forth in Sec.  14.629(a). Alternatively, an individual 
may also seek accreditation in an individual capacity as either an 
agent or an attorney under the standards set forth in Sec.  14.629(b). 
Therefore, VA declines to make any changes based on this comment.
    A couple of commenters submitted statements certifying that their 
organization would meet the requirements for accreditation for a tribal 
organization. Applications for accreditation are outside the scope of 
this rulemaking. Therefore, no change is warranted based on these 
comments.
    One commenter asked whether accredited tribal representatives would 
be granted access to software programs containing a veteran's claims 
file information and whether that access would be on tribal grounds. 
This issue is outside the scope of this rulemaking. Therefore, no 
change is warranted based on this comment.
    One commenter expressed support for VA recognizing tribal 
organizations in an equal manner as VA recognizes State organizations 
but suggested that VA authorize a field office close to tribal 
administration locations and fund one or two veterans service officer 
positions. The tribal consultation and this proposed rulemaking are 
limited in scope to recognition for purposes of VA claims 
representation. The commenter's suggestion of adding a field office is 
beyond the scope, and therefore, VA declines to make any changes based 
on this comment. VA also declines to make any changes to the 
commenter's suggestion of funding job positions for veterans service 
officers. Part of the Sec.  14.628(d) requirements is that an 
organization seeking accreditation must commit a significant portion of 
its assets to veterans' services and have adequate funding to properly 
perform those services. 38 CFR 14.628(d)(1)(iii).
    A few commenters expressed concern that the proposed rulemaking is 
limiting VA recognition for the preparation, presentation, and 
prosecution of claims for VA benefits. One commenter seemed to think VA 
is depriving veterans from other title 38 benefits. The commenters did 
not specify what other accreditation they are seeking. As previously 
discussed, 38 CFR part 14 is limited in jurisdiction to recognizing 
organizations and accrediting individuals to assist in the preparation, 
presentation, and prosecution of VA benefit claims. Pursuant to section 
5902, VA accreditation may not be granted for any other purpose. This 
rulemaking in no way deprives any veteran of any title 38 benefits. 
Therefore, no change is warranted based on these comments.
    One commenter suggested that office space opportunities should be 
available to tribal governments and organizations in the same manner as 
they are available to State organizations. As previously discussed, 
this proposed rule would, under Sec.  14.635, allow the Secretary to 
furnish office space and facilities, when available, to both State and 
tribal organization employees who are also accredited to national 
organizations for the purpose of assisting claimants in the 
preparation, presentation, and prosecution of claims for benefits. VA 
would be furnishing office space to tribal organizations in the same 
manner as it furnishes such space to State organizations. Therefore, no 
change is warranted based on this comment.
    One commenter noted that VA should allow a tribal government 
employee to become accredited through an accredited body of their 
choice. VA in no way is limiting how a particular individual may apply 
to become an accredited VA representative. As previously discussed, VA 
is merely providing additional paths to VA accreditation than currently 
exist. Therefore, VA declines to make any changes to this rulemaking 
based on this comment.
    Several commenters suggested further outreach and collaboration. 
One commenter suggested that VA form a tribal workgroup to allow 
representatives from tribal organizations to collaborate on 
implementing the new program. One commenter provided VA with their 
tribal consultation policy. Other commenters suggested that VA engage 
in additional consultation with experts in Indian law and hold an all-
tribes call to gather additional input for this rulemaking. VA 
appreciates this information. As previously noted, VA extended the 
comment period for an additional 15 days to ensure that all interested 
parties had an appropriate time to provide input. Therefore, VA finds 
that it has complied with the requirements of Executive Order 13175. VA 
notes that an additional 60-day comment period is provided for this 
proposed rule and invites any additional comment to this rulemaking to 
be provided during that time.
    One commenter asked for the projected implementation date of this 
rulemaking. VA will publish a final rule to this proposed rule which 
will contain the effective date of the rulemaking.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct 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 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action'' requiring review by OMB, unless OMB 
waives such review, as ``any regulatory action that is likely to result 
in a rule that may: (1) Have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; (2) Create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations or recipients 
thereof; or (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of this rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for ``VA 
Regulations Published From FY 2004 Through Fiscal Year to Date.''

[[Page 47094]]

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 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 proposed rule would have no such 
effect on State, local, and tribal governments, or on the private 
sector.

Catalog of Federal Domestic Assistance

    There are no Catalog of Federal Domestic Assistance programs 
numbers and titles associated with this proposed rule.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized Gina S. Farrisee, Deputy Chief of Staff, to 
sign and submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs. Gina S. Farrisee, Deputy Chief of Staff, Department 
of Veterans Affairs, approved this document on July 14, 2016 for 
publication.

List of Subjects in 38 CFR Part 14

    Administrative practice and procedure, Claims, Courts, Foreign 
relations, Government employees, Lawyers, Legal services, Organization 
and functions (Government agencies), Reporting and recordkeeping 
requirements, Surety bonds, Trusts and trustees, Veterans.

    Dated: July 14, 2016.
Janet J. Coleman,
Chief, Office of Regulation Policy & Management, Office of the 
Secretary, Department of Veterans Affairs.

    For the reasons set out in the preamble, the Department of Veterans 
Affairs proposes to amend 38 CFR part 14 as follows:

PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS

0
1. The authority citation for part 14 continues to read as follows:

    Authority:  5 U.S.C. 301; 28 U.S.C. 2671-2680; 38 U.S.C. 501(a), 
512, 515, 5502, 5901-5905; 28 CFR part 14, appendix to part 14, 
unless otherwise noted.

0
2. Amend Sec.  14.627 by adding paragraph (r) to read as follows:


Sec.  14.627  Definitions.

* * * * *
    (r) Tribal government means the Federally recognized governing body 
of any Indian tribe, band, nation, or other organized group or 
community, including any Alaska Native village or Regional or Village 
Corporation as defined in or established pursuant to the Alaska Native 
Claims Settlement Act, which is recognized as eligible for the special 
programs and services provided by the United States to Indians because 
of their status as Indians.
* * * * *
0
3. Amend Sec.  14.628 by:
0
a. Redesignating paragraph (b) as paragraph (b)(1) and adding paragraph 
(b)(2); and
0
b. In the parenthetical at the end of the section, removing ``2900-
0439'' and adding, in its place, 2900-XXXX''.
    The addition reads as follows:


Sec.  14.628  Recognition of organizations.

* * * * *
    (b)(1) State organization. * * *
    (2) Tribal organization. For the purposes of 38 CFR 14.626 through 
14.637, an organization that is a legally established organization that 
is primarily funded and controlled, sanctioned, or chartered by one or 
more tribal governments and that has a primary purpose of serving the 
needs of Native American veterans. Only one tribal organization may be 
recognized for each tribal government. If a tribal organization is 
created and funded by more than one tgovernment, the approval of each 
tribal government must be obtained prior to applying for VA 
recognition. If one of the supporting tribal governments withdraws from 
the tribal organization, the tribal organization must notify VA of the 
withdrawal and certify that the tribal organization continues to meet 
the recognition requirements in paragraph (d) of this section.
* * * * *


Sec.  14.629  [Amended]

0
4. Amend Sec.  14.629 by:
0
a. In paragraph (a)(2) introductory text, removing ``county veteran's 
service officer'' and adding in its place ``county veterans' service 
officer'';
0
b. In paragraph (a)(2) introductory text, adding ``or tribal veterans' 
service officer'' immediately following ``county veterans' service 
officer''; and
0
c. In paragraph (a)(2)(i), adding ``or tribal government'' immediately 
following ``county''.


Sec.  14.635  [Amended]

0
5. Amend Sec.  14.635 by adding, in the introductory paragraph, ``or 
tribal'' immediately following ``State''.

[FR Doc. 2016-17052 Filed 7-19-16; 8:45 am]
 BILLING CODE 8320-01-P



                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                                 47087

                                                      (4) For Model 777–200, –300, and –300ER                Boeing Service Bulletin 777–57A0050,                  CFR 39.19. In accordance with 14 CFR 39.19,
                                                    airplanes identified in Boeing Alert Service             Revision 4, dated September 28, 2015. Do all          send your request to your principal inspector
                                                    Bulletin 777–57A0059, dated October 30,                  applicable corrective actions before further          or local Flight Standards District Office, as
                                                    2008: Cap seal the fasteners in the center fuel          flight.                                               appropriate. If sending information directly
                                                    tanks that were not sealed during production,                                                                  to the manager of the ACO, send it to the
                                                                                                             (j) New Installation of Teflon Sleeves                attention of the person identified in
                                                    in accordance with the Accomplishment
                                                    Instructions of Boeing Alert Service Bulletin               For Group 1, Configurations 2 through 5            paragraph (n)(1) of this AD. Information may
                                                    777–57A0059, dated October 30, 2008.                     airplanes; Groups 2 through 4, Configurations         be emailed to: 9-ANM-Seattle-ACO-AMOC-
                                                                                                             3 through 6 airplanes; and Groups 5 through           Requests@faa.gov.
                                                    (h) Retained Cap Sealing the Fasteners, With             43, Configuration 2 airplanes; as identified in          (2) Before using any approved AMOC,
                                                    No Changes                                               Boeing Service Bulletin 777–57A0050,                  notify your appropriate principal inspector,
                                                       This paragraph restates the requirements of           Revision 4, dated September 28, 2015:                 or lacking a principal inspector, the manager
                                                    paragraph (i) of AD 2011–26–03, with no                  Within 60 months after the effective date of          of the local flight standards district office/
                                                    changes. For Model 777–200LR airplanes                   this AD, install Teflon sleeves under certain         certificate holding district office.
                                                    identified in Boeing Alert Service Bulletin              wire bundle clamps, as applicable, in                    (3) An AMOC that provides an acceptable
                                                    777–57A0059, dated October 30, 2008:                     accordance with the Accomplishment                    level of safety may be used for any repair,
                                                    Within 60 months after January 3, 2012 (the              Instructions of Boeing Service Bulletin 777–          modification, or alteration required by this
                                                    effective date of AD 2011–26–03), cap seal               57A0050, Revision 4, dated September 28,              AD if it is approved by the Boeing
                                                    the fasteners in the center fuel tanks that              2015, except as required by paragraphs (k)(1),        Commercial Airplanes Organization
                                                    were not sealed during production, in                    (k)(2), and (k)(3) of this AD.                        Designation Authorization (ODA) that has
                                                    accordance with the Accomplishment                                                                             been authorized by the Manager, Seattle
                                                                                                             (k) Exception to the Service Information
                                                    Instructions of Boeing Alert Service Bulletin                                                                  ACO, to make those findings. To be
                                                    777–57A0059, dated October 30, 2008.                        (1) Where ‘‘WORK PACKAGE 21: More                  approved, the repair method, modification
                                                                                                             Work: Rear Spar Wire Bundle Teflon sleeve             deviation, or alteration deviation must meet
                                                    (i) New Detailed Inspection and Corrective               Installation’’ of Boeing Service Bulletin 777–        the certification basis of the airplane, and the
                                                    Actions                                                  57A0050, Revision 4, dated September 28,              approval must specifically refer to this AD.
                                                       For Group 1, Configurations 2 through 4               2015, specifies ‘‘Groups 5 through 43,                   (4) AMOCs approved previously for AD
                                                    airplanes; Groups 2 through 4, Configurations            Configuration 2,’’ for this AD, ‘‘WORK                2011–26–03 are approved as AMOCs for the
                                                    3 through 5 airplanes; Groups 5 through 43,              PACKAGE 21: More Work: Rear Spar Wire                 corresponding provisions of this AD.
                                                    Configuration 1 airplanes; and Groups 44 and             Bundle Teflon sleeve Installation’’ of Boeing
                                                                                                             Service Bulletin 777–57A0050, Revision 4,             (n) Related Information
                                                    45 airplanes; as identified in Boeing Service
                                                    Bulletin 777–57A0050, Revision 4, dated                  dated September 28, 2015, applies to Groups             (1) For more information about this AD,
                                                    September 28, 2015: Within 60 months after               5 through 43.                                         contact Suzanne Lucier, Aerospace Engineer,
                                                    the effective date of this AD, do the                       (2) Where Figure 3 of Boeing Service               Propulsion Branch, ANM 140S, FAA, Seattle
                                                    applicable actions specified in paragraphs               Bulletin 777–57A0050, Revision 4, dated               Aircraft Certification Office (ACO), 1601 Lind
                                                    (i)(1), (i)(2), and (i)(3) of this AD, except as         September 28, 2015, specifies ‘‘Groups 1              Avenue SW., Renton, WA 98057–3356;
                                                    required by paragraph (k)(2) of this AD.                 through 7, and 9 through 43,’’ for this AD,           phone: 425–917–6438; fax: 425–917–6590;
                                                       (1) For Group 1, Configurations 2 through             Figure 3 of Boeing Service Bulletin 777–              email: suzanne.lucier@faa.gov.
                                                    4 airplanes; Groups 2 through 4,                         57A0050, Revision 4, dated September 28,                (2) For service information identified in
                                                    Configurations 3 through 5 airplanes; Groups             2015, applies to Groups 1 through 43.                 this AD, contact Boeing Commercial
                                                    5 through 43, Configuration 1 airplanes; and                (3) Where Figure 100 of Boeing Service             Airplanes, Attention: Data & Services
                                                                                                             Bulletin 777–57A0050, Revision 4, dated               Management, P.O. Box 3707, MC 2H–65,
                                                    Groups 44 and 45 airplanes; as identified in
                                                                                                             September 28, 2015, specifies ‘‘Groups 5              Seattle, WA 98124–2207; telephone: 206–
                                                    Boeing Service Bulletin 777–57A0050,
                                                                                                             through 43, Configuration 2,’’ for this AD,           544–5000, extension 1; fax: 206–766–5680;
                                                    Revision 4, dated September 28, 2015: Do a
                                                                                                             Figure 100 of Boeing Service Bulletin 777–            Internet: https://www.myboeingfleet.com.
                                                    detailed inspection for installation of Teflon
                                                                                                             57A0050, Revision 4, dated September 28,              You may view this referenced service
                                                    sleeves on certain wire bundle clamps, as
                                                                                                             2015, applies to Groups 5 through 43.                 information at the FAA, Transport Airplane
                                                    applicable; a detailed inspection to
                                                                                                                                                                   Directorate, 1601 Lind Avenue SW., Renton,
                                                    determine the type of wire bundle clamp;                 (l) Credit for Previous Actions
                                                                                                                                                                   WA. For information on the availability of
                                                    and do all applicable corrective actions; in                (1) This paragraph provides credit for the         this material at the FAA, call 425–227–1221.
                                                    accordance with the Accomplishment                       actions specified in paragraph (g)(1) of this
                                                    Instructions of Boeing Service Bulletin 777–             AD, if those actions were performed before              Issued in Renton, Washington, on July 8,
                                                    57A0050, Revision 4, dated September 28,                 January 20, 2011 (the effective date of AD            2016.
                                                    2015. Do all applicable corrective actions               2010–24–12), using Boeing Alert Service               Michael Kaszycki,
                                                    before further flight.                                   Bulletin 777–57A0050, dated January 26,               Acting Manager, Transport Airplane
                                                       (2) For Group 1, Configurations 2 through             2006; or Revision 1, dated August 2, 2007;            Directorate, Aircraft Certification Service.
                                                    4 airplanes; and Groups 2 through 4,                     provided that the applicable additional work          [FR Doc. 2016–16906 Filed 7–19–16; 8:45 am]
                                                    Configurations 3 through 5 airplanes; as                 specified in Boeing Service Bulletin 777–
                                                    identified in Boeing Service Bulletin 777–                                                                     BILLING CODE 4910–13–P
                                                                                                             57A0050, Revision 2, dated May 14, 2009, is
                                                    57A0050, Revision 4, dated September 28,                 done within the compliance time specified in
                                                    2015: Do a detailed inspection for correct               paragraph (g) of this AD. The additional work
                                                    installation of certain Teflon sleeves, as               must be done in accordance with Boeing                DEPARTMENT OF VETERANS
                                                    applicable; and do all applicable corrective             Service Bulletin 777–57A0050, Revision 2,             AFFAIRS
                                                    actions; in accordance with the                          dated May 14, 2009.
                                                    Accomplishment Instructions of Boeing                       (2) This paragraph provides credit for the         38 CFR Part 14
                                                    Service Bulletin 777–57A0050, Revision 4,                actions specified in paragraph (g)(3) of this
                                                    dated September 28, 2015. Do all applicable              AD, if those actions were performed before            RIN 2900–AP51
                                                    corrective actions before further flight.                January 20, 2011 (the effective date of AD
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                       (3) For Group 1, Configurations 2 through             2010–24–12), using Boeing Alert Service               Recognition of Tribal Organizations for
                                                    4 airplanes; and Groups 2 through 4,                     Bulletin 777–57A0057, dated August 7, 2006.           Representation of VA Claimants
                                                    Configurations 3 through 5 airplanes; as
                                                    identified in Boeing Service Bulletin 777–               (m) Alternative Methods of Compliance                 AGENCY:    Department of Veterans Affairs.
                                                    57A0050, Revision 4, dated September 28,                 (AMOCs)                                               ACTION:   Proposed rule.
                                                    2015: Do a detailed inspection for cap sealing             (1) The Manager, Seattle Aircraft
                                                    of certain fasteners, as applicable; and do all          Certification Office (ACO), FAA, has the              SUMMARY:  The Department of Veterans
                                                    applicable corrective actions; in accordance             authority to approve AMOCs for this AD, if            Affairs (VA) is proposing to amend its
                                                    with the Accomplishment Instructions of                  requested using the procedures found in 14            regulations concerning recognition of


                                               VerDate Sep<11>2014   18:35 Jul 19, 2016   Jkt 238001   PO 00000   Frm 00039   Fmt 4702   Sfmt 4702   E:\FR\FM\20JYP1.SGM   20JYP1


                                                    47088                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    certain national, State, and regional or                 their families in the preparation,                    organizations in a similar manner as the
                                                    local organizations for purposes of VA                   presentation, and prosecution of their                State governments have established and
                                                    claims representation. Specifically, this                VA benefit claims. The purpose of this                funded State organizations. Allowing
                                                    rulemaking would allow the Secretary                     proposed rule is to address the needs of              organizations that are created and
                                                    of Veterans Affairs to recognize tribal                  Native American populations who are                   funded by tribal governments to be
                                                    organizations in a similar manner as the                 geographically isolated from existing                 recognized as ‘‘tribal organizations’’
                                                    Secretary recognizes State organizations.                recognized Veterans Service                           rather than as national, regional or local
                                                    The proposed rule would allow a tribal                   Organizations (VSOs) or who may not                   organizations would afford VA the
                                                    organization that is established and                     be utilizing other recognized VSOs due                opportunity to acknowledge and affirm
                                                    funded by one or more tribal                             to cultural barriers or lack of familiarity           the long-standing recognition by the
                                                    governments to be recognized for the                     with those organizations. Native                      Federal government of tribes’ inherent
                                                    purpose of providing assistance on VA                    American veterans face challenges                     sovereignty and right to self-
                                                    benefit claims. In addition, the proposed                accessing representation in VA claims                 government.
                                                    rule would allow an employee of a tribal                 because many live in remote areas that                   This proposed rule would amend 38
                                                    government to become accredited                          are far from the nearest accredited                   CFR 14.627 by adding a paragraph (r)
                                                    through a recognized State organization                  representative. In addition, some Native              that would provide that tribal
                                                    in a similar manner as a County                          American veterans may prefer to seek                  government means the Federally
                                                    Veterans’ Service Officer (CVSO) may                     assistance from organizations that are                recognized governing body of any
                                                    become accredited through a recognized                   associated with their tribal government,              Indian tribe, band, nation, or other
                                                    State organization. The intended effect                  rather than using other organizations                 organized group or community,
                                                    of this proposed rule is to improve                      that are not as familiar to them. This                including any Alaska Native village or
                                                    access of Native American veterans to                    proposed rule would help facilitate the               Regional or Village Corporation as
                                                    VA-recognized organizations and VA-                      VA recognition of tribal organizations                defined in or established pursuant to the
                                                    accredited individuals who may assist                    that are established and funded by one                Alaska Native Claims Settlement Act,
                                                    them on their benefit claims.                            or more tribal governments and whose                  which is recognized as eligible for the
                                                    DATES: Written comments must be                          primary purpose is to serve Native                    special programs and services provided
                                                    received on or before September 19,                      American veterans.                                    by the United States to Indians because
                                                    2016.                                                                                                          of their status as Indians. This is
                                                                                                                Pursuant to 38 U.S.C. 5902, VA                     consistent with the definition of Indian
                                                    ADDRESSES: Written comments may be                       recognizes organizations and accredits                tribe in 38 CFR 39.2.
                                                    submitted through http://                                their representatives for the preparation,               This proposed rule would amend
                                                    www.regulations.gov; by mail or hand                     presentation, and prosecution of claims               current § 14.628(b) by redesignating it as
                                                    delivery to the Director, Regulation                     under laws administered by VA. VA’s                   paragraph (b)(1), ‘‘State organization,’’
                                                    Policy and Management (00REG),                           regulation regarding the recognition of               and adding paragraph (b)(2), ‘‘Tribal
                                                    Department of Veterans Affairs, 810                      such organizations is 38 CFR 14.628,                  organization.’’ VA would clarify that a
                                                    Vermont Avenue NW., Room 1068,                           which currently does not expressly                    Tribal organization, for the purposes of
                                                    Washington, DC 20420; or by fax to                       allow for the recognition of tribal                   38 CFR 14.626 through 14.637, is a
                                                    (202) 273–9026. Comments should                          organizations. Under the current                      legally established organization that is
                                                    indicate that they are submitted in                      regulations, however, any organization,               primarily funded and controlled,
                                                    response to ‘‘RIN 2900–AP51,                             including an organization created by                  sanctioned, or chartered by one or more
                                                    Recognition of Tribal Organizations for                  one or more tribal governments, may                   tribal governments and that has a
                                                    Representation of VA Claimants.’’                        apply for recognition by VA as either:                primary purpose of serving the needs of
                                                    Copies of comments received will be                      (1) A national organization, or (2) a                 Native American veterans; that only one
                                                    available for public inspection in the                   regional or local organization. To be                 tribal organization may be recognized
                                                    Office of Regulation Policy and                          recognized as a national organization,                for each tribal government; and, that, if
                                                    Management, Room 1068, between the                       the organization must meet the                        a tribal organization is created and
                                                    hours of 8 a.m. and 4:30 p.m., Monday                    requirements of § 14.628(a) and (d). To               funded by more than one tribal
                                                    through Friday (except holidays). Please                 be recognized as a regional or local                  government, the approval of each tribal
                                                    call (202) 461–4902 for an appointment.                  organization, the organization must                   government must be obtained prior to
                                                    (This is not a toll-free number.) In                     meet the requirements of § 14.628(c) and              applying for VA recognition and that, if
                                                    addition, during the comment period,                     (d). VA also accredits State                          one of the supporting tribal
                                                    comments may be viewed online                            organizations. To be recognized as a                  governments withdraws from the tribal
                                                    through the Federal Docket Management                    State organization, the organization                  organization, the tribal organization
                                                    System at http://www.regulations.gov/.                   must meet the requirements of                         must notify VA of the withdrawal and
                                                    FOR FURTHER INFORMATION CONTACT:                         § 14.628(b) and (d). Under the current                certify that the tribal organization can
                                                    Dana Raffaelli, Staff Attorney, Benefits                 regulations, VA has received only a few               continue to meet the recognition
                                                    Law Group, Office of the General                         inquiries from tribal governments                     requirements in § 14.628(d) without the
                                                    Counsel, (022D), Department of                           expressing interest in pursuing any type              participation of that tribal government.
                                                    Veterans Affairs, 810 Vermont Avenue                     of VA recognition other than the type of              This change is intended to allow tribal
                                                    NW., Washington, DC 20420, (202) 461–                    recognition granted to State                          organizations to be recognized in a
                                                    7699. (This is not a toll free number.)                  organizations. Pursuant to 38 CFR                     similar manner as State organizations,
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                                                    SUPPLEMENTARY INFORMATION: This                          14.627 and 14.629, VA recognition of a                while still taking into account the
                                                    proposed rule would amend part 14 of                     State organization is limited to                      unique circumstances of tribal
                                                    title 38, Code of Federal Regulations, to                organizations established and funded by               governments being sovereign nations
                                                    provide for the recognition of tribal                    a State, possession, territory, or                    and of varying sizes.
                                                    organizations that are established and                   Commonwealth of the United States,                       In order to ensure that all claimants
                                                    funded by tribal governments so that                     and the District of Columbia. This                    for VA benefits receive responsible,
                                                    representatives of the organizations may                 proposed rule would allow tribal                      qualified representation in the
                                                    assist Native American veterans and                      governments to establish and fund tribal              preparation, presentation, and


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                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                          47089

                                                    prosecution in their claims for veterans’                the withdrawal and certify that the                   employee of the county working for it
                                                    benefits, VA has established general                     tribal organization continues to meet the             not less than 1,000 hours annually; have
                                                    criteria that apply to all organizations                 recognition requirements in § 14.628(d)               successfully completed a course of
                                                    requesting VA recognition as a national,                 without the participation of that tribal              training and an examination which have
                                                    State, regional, or local organization                   government. We note that 25 U.S.C.                    been approved by a Regional Counsel
                                                    under § 14.628(a) through (c). Therefore,                450b(l) recognizes the existence of tribal            with jurisdiction for the State; and
                                                    tribal organizations would also need to                  coalitions in the definition of tribal                receive either regular supervision and
                                                    meet these same general requirements in                  organization for the purpose of entering              monitoring or annual training to assure
                                                    order to be recognized. Pursuant to                      into contracts or grants for certain                  continued qualification as a
                                                    § 14.628(d), an organization requesting                  educational benefits. Additionally, in 38             representative in the claims process. We
                                                    recognition must: (1) Have as a primary                  CFR 39.2, VA has recognized the                       note that the VA Office of the General
                                                    purpose serving veterans, (2)                            existence of a parallel concept for the               Counsel (OGC) has recently undergone
                                                    demonstrate a substantial service                        purpose of applying for cemetery grants.              realignment and under the new
                                                    commitment to veterans either by                            Based on our experience in applying                structure Regional Counsels are now
                                                    showing a sizable organizational                         § 14.628, we believe the proposed                     referred to as Chief Counsels. To avoid
                                                    membership or by showing performance                     addition to the regulation would                      unnecessary confusion and because we
                                                    of veterans’ services to a sizable number                facilitate the recognition of Tribal                  intend to issue a direct final rule
                                                    of veterans, (3) commit a significant                    organizations and would improve                       addressing the realignment of OGC and
                                                    portion of its assets to veterans’ services              Native American veterans’ access to                   the changing of titles of certain OGC
                                                    and have adequate funding to properly                    accredited representatives. Once a tribal             positions in the accreditation
                                                    perform those services, (4) maintain a                   organization has been recognized by                   regulations in a single rulemaking, we
                                                    policy and capability of providing                       VA, the certifying official of the                    are continuing to use the outdated title
                                                    complete claims service to each                          organization would be able to file for                of Regional Counsel for this rulemaking.
                                                    claimant requesting representation or                    VA accreditation for the individuals that                Although tribal governments are not
                                                    give written notice of any limitation in                 the organization wishes to become                     politically subordinate to State
                                                    its claims service with advice                           accredited as its representatives. See 38             governments like county governments
                                                    concerning the availability of alternative               CFR 14.629.                                           are, tribal governments often do have
                                                    sources of claims service, and (5) take                     VA further recognizes that not all                 close, productive relationships with
                                                    affirmative action, including training                   tribal governments may want to                        State governments through gaming
                                                    and monitoring of accredited                             establish their own Tribal veterans                   compacts, cross-deputization, and other
                                                    representatives, to ensure proper                        organization and some may have                        cooperative agreements. Therefore, we
                                                                                                             already established working                           believe that the collaborative nature of
                                                    handling of claims.
                                                                                                             relationships with their respective State             the relationship between tribes and
                                                       We recognize the varying sizes of                     organizations to help address the needs               States supports the proposed concept of
                                                    tribal governments. We further                           of their Native American veteran                      recognizing tribal veterans’ service
                                                    recognize that, due to the size of certain               population. We, therefore, propose to                 officers in a manner similar to county
                                                    smaller Indian tribes, a single tribal                   amend 38 CFR 14.629(a)(2) to allow for                veterans’ service officers. As stated
                                                    government may be unable to establish                    an employee of a tribal government that               above, we believe this additional path to
                                                    an organization that could demonstrate                   is not associated with a tribal                       become an accredited representative
                                                    a substantial service commitment to                      organization, to become accredited as a               would further facilitate veterans
                                                    veterans either by showing a sizable                     representative of a State organization in             obtaining representation across county,
                                                    organizational membership or by                          a similar manner as a county employee,                State, and tribal borders.
                                                    showing performance of veterans’                         i.e., a CVSO. In 1990, in order to further               For consistency, the proposed rule
                                                    services to a sizable number of veterans.                ensure the availability of competent                  would also amend 38 CFR 14.635 to
                                                    A single tribal government may also be                   representation for VA claimants, VA                   extend office space opportunities
                                                    unable to establish an organization that                 extended the opportunity for                          already granted to certain employees of
                                                    would be able to adequately fund the                     accreditation through State                           State organizations to employees of
                                                    necessary services of a tribal                           organizations to county veterans’ service             tribal organizations. The proposed rule
                                                    organization that provides assistance                    officers. See 54 FR 50772; 55 FR 38056.               would allow the Secretary to furnish
                                                    with VA benefit claims. Therefore, VA                    In extending this opportunity, VA cited               office space and facilities, when
                                                    would consider applications from a                       the close association between States and              available, to both State and tribal
                                                    tribal organization that is established                  county veterans’ service officers,                    organization employees who are also
                                                    and funded by one or more tribal                         likening the association to that of a State           accredited to national organizations for
                                                    governments to be recognized for the                     employee under 54 FR 50772. In a                      the purpose of assisting claimants in the
                                                    purpose of providing assistance on VA                    previous rulemaking, VA recognized the                preparation, presentation, and
                                                    benefit claims. The approval of each                     fact that State governments do not have               prosecution of claims for benefits.
                                                    tribal government would be necessary                     direct supervision of, or accountability                 We are also requesting from the Office
                                                    for VA to process the request for VA                     for, CVSO, and therefore, to ensure                   of Management and Budget (OMB)
                                                    recognition. While VA is sensitive to the                adequate training and fitness to serve as             approval for the provisions of
                                                    fact that some tribal governments may                    a VA accredited representative, VA                    § 14.628(d) that constitute a collection
                                                    have difficulty meeting the substantial                  prescribed criteria that such officers                of information under the Paperwork
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                                                    service commitment and funding                           must meet in order to become                          Reduction Act of 1995 (44 U.S.C. 3501–
                                                    requirements, VA must ensure that VA                     accredited. The criteria for a CVSO to                3521). Therefore, we would remove the
                                                    accredited organizations can provide                     become accredited through a State                     current OMB control number
                                                    long-term, competent representation.                     organization are outlined in                          parenthetical at the end of § 14.628 and
                                                    Therefore, VA would require that, if one                 § 14.629(a)(2)(i) through (iii). In order             add, in its place, a placeholder
                                                    of the supporting tribal governments                     for a CVSO to be recommended for VA                   parenthetical.
                                                    withdraws from the tribal organization,                  accreditation by a VA-recognized State                   Finally, we would make a technical
                                                    the tribal organization must notify VA of                organization, the officer must be a paid              amendment to § 14.629(a)(2) to correct


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                                                    47090                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    ‘‘county veteran’s service officer’’ to                  whether the information will have                     former Armed Forces personnel and
                                                    read as ‘‘county veterans’ service                       practical utility;                                    their dependents, with an
                                                    officer’’. In a prior rulemaking, we                       • Evaluating the accuracy of the                    approximation of the number of
                                                    misplaced the location of the                            Department’s estimate of the burden of                veterans, survivors, and dependents
                                                    apostrophe associated with the                           the proposed collections of information,              served by the organization under each
                                                    previously mentioned phrase. See 54 FR                   including the validity of the                         program designated.
                                                    50772 (Dec. 11, 1989); 55 FR 38056                       methodology and assumptions used;                        An organization requesting
                                                    (Sept. 17, 1990). Therefore, we would                      • Enhancing the quality, usefulness,                recognition must commit a significant
                                                    correct that error in this rulemaking.                   and clarity of the information to be                  portion of its assets to veterans’ services
                                                                                                             collected; and                                        and have adequate funding to properly
                                                    Paperwork Reduction Act                                    • Minimizing the burden of the                      perform those services. In establishing
                                                       This proposed rule includes                           collections of information on those who               that it meets this requirement, an
                                                    provisions constituting collections of                   are to respond, including through the                 organization requesting recognition
                                                    information under the Paperwork                          use of appropriate automated,                         shall submit: A copy of the last financial
                                                    Reduction Act of 1995 (44 U.S.C. 3501–                   electronic, mechanical, or other                      statement of the organization indicating
                                                    3521) that require approval by OMB.                      technological collection techniques or                the amount of funds allocated for
                                                    Accordingly, under 44 U.S.C. 3507(d),                    other forms of information technology,                conducting particular veterans’ services
                                                    VA has submitted a copy of this                          e.g., permitting electronic submission of             (VA may, in cases where it deems
                                                    rulemaking action to OMB for review.                     responses.                                            necessary, require an audited financial
                                                       OMB assigns control numbers to                          The collection of information                       statement); and a statement indicating
                                                    collections of information it approves.                  contained in 38 CFR 14.628 is described               that use of the organization’s funding is
                                                    VA may not conduct or sponsor, and a                     immediately following this paragraph,                 not subject to limitations imposed under
                                                    person is not required to respond to, a                  under its respective title.                           any Federal grant or law which would
                                                    collection of information unless it                        Title: Requirements for Recognition as              prevent it from representing claimants
                                                    displays a currently valid OMB control                   a VA Accredited Organization.                         before VA.
                                                    number. Proposed § 14.628 contains a                       • Summary of collection of                             An organization requesting
                                                    collection of information under the                      information: The collection of                        recognition must maintain a policy and
                                                    Paperwork Reduction Act of 1995. If                      information in 38 CFR 14.628 would                    capability of providing complete claims
                                                    OMB does not approve the collection of                   require organizations seeking VA                      service to each claimant requesting
                                                    information as requested, VA will                        accreditation under § 14.628 to submit                representation or give written notice of
                                                    immediately remove the provisions                        certain documentation to certify that the             any limitation in its claims service with
                                                    containing a collection of information or                organization meets the requirements for               advice concerning the availability of
                                                    take such other action as is directed by                 VA accreditation. Pursuant to                         alternative sources of claims service. In
                                                    OMB.                                                     § 14.628(d), an organization requesting               establishing that it meets this
                                                       Comments on the collection of                         recognition must have as a primary                    requirement, an organization requesting
                                                    information contained in this proposed                   purpose serving veterans. In                          recognition shall submit evidence of its
                                                    rule should be submitted to the Office                   establishing that it meets this                       capability to represent claimants before
                                                    of Management and Budget, Attention:                     requirement, an organization requesting               VA regional offices and before the Board
                                                    Desk Officer for the Department of                       recognition shall submit a statement                  of Veterans’ Appeals. If an organization
                                                    Veterans Affairs, Office of Information                  establishing the purpose of the                       does not intend to represent claimants
                                                    and Regulatory Affairs, Washington, DC                   organization and that veterans would                  before the Board of Veterans’ Appeals,
                                                    20503, with copies sent by mail or hand                  benefit by recognition of the                         the organization shall submit evidence
                                                    delivery to the Director, Regulation                     organization.                                         of an association or agreement with a
                                                    Policy and Management (00REG),                             The organization must also                          recognized service organization for the
                                                    Department of Veterans Affairs, 810                      demonstrate a substantial service                     purpose of representation before the
                                                    Vermont Avenue NW., Room 1068,                           commitment to veterans either by                      Board of Veterans’ Appeals, or the
                                                    Washington, DC 20420; fax to (202)                       showing a sizable organizational                      proposed method of informing
                                                    273–9026; email to                                       membership or by showing performance                  claimants of the limitations in service
                                                    www.Regulations.gov. Comments                            of veterans’ services to a sizable number             that can be provided, with advice
                                                    should indicate that they are submitted                  of veterans. In establishing that it meets            concerning the availability of alternative
                                                    in response to ‘‘RIN 2900–AP51.’’                        this requirement, an organization                     sources of claims service. If an
                                                       OMB is required to make a decision                    requesting recognition shall submit: The              organization does not intend to
                                                    concerning the collections of                            number of members and number of                       represent each claimant requesting
                                                    information contained in this proposed                   posts, chapters, or offices and their                 assistance, the organization shall submit
                                                    rule between 30 and 60 days after                        addresses; a copy of the articles of                  a statement of its policy concerning the
                                                    publication of this document in the                      incorporation, constitution, charter, and             selection of claimants and the proposed
                                                    Federal Register. Therefore, a comment                   bylaws of the organization, as                        method of informing claimants of this
                                                    to OMB is best assured of having its full                appropriate; a description of the                     policy, with advice concerning the
                                                    effect if OMB receives it within 30 days                 services performed or to be performed                 availability of alternative sources of
                                                    of publication. This does not affect the                 in connection with programs                           claims service.
                                                    deadline for the public to comment on                    administered by VA, with an                              An organization requesting
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                                                    the proposed rule.                                       approximation of the number of                        recognition must take affirmative action,
                                                       The Department considers comments                     veterans, survivors, and dependents                   including training and monitoring of
                                                    by the public on proposed collections of                 served or to be served by the                         accredited representatives, to ensure
                                                    information in—                                          organization in each type of service                  proper handling of claims. In
                                                       • Evaluating whether the proposed                     designated; and a description of the type             establishing that it meets this
                                                    collections of information are necessary                 of services, if any, performed in                     requirement, an organization requesting
                                                    for the proper performance of the                        connection with other Federal and State               recognition shall submit: A statement of
                                                    functions of the Department, including                   programs which are designed to assist                 the skills, training, and other


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                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                           47091

                                                    qualifications of current paid or                        regulation that has tribal implications,              recognition of a tribal organization to a
                                                    volunteer staff personnel for handling                   that imposes substantial direct                       State and is choosing not to make value
                                                    veterans’ claims; and a plan for                         compliance costs on tribal governments,               judgements as to the importance of the
                                                    recruiting and training qualified claim                  and that is not required by statute,                  recognition granted to State
                                                    representatives, including the number of                 unless the Federal government provides                organizations and Tribal organizations.
                                                    hours of formal classroom instruction,                   the funds necessary to pay the direct                 Recognition of a tribal organization
                                                    the subjects to be taught, the period of                 compliance costs incurred by the tribal               would stand on its own. VA has chosen
                                                    on-the-job training, a schedule or                       governments or the Federal agency                     to use the term similar rather than the
                                                    timetable for training, the projected                    consults with tribal officials early in the           term equal in this proposed rule because
                                                    number of trainees for the first year, and               process of developing the proposed                    we are proposing some differences in
                                                    the name(s) and qualifications of the                    regulation, develops and publishes in                 the requirements for VA recognition of
                                                    individual(s) primarily responsible for                  the Federal Register a tribal summary                 a tribal organization and the
                                                    the training.                                            impact statement, and provides to the                 requirements for State organizations.
                                                      In addition, the organization                          Director of OMB any written                           Specifically, the proposed rule would
                                                    requesting recognition shall supply: A                   communications submitted to the                       allow a single tribal government, or
                                                    statement that neither the organization                  agency by the tribal officials.                       multiple tribal governments to join
                                                    nor its accredited representatives will                     On March 3 and 10, 2016,                           together to establish and fund a tribal
                                                    charge or accept a fee or gratuity for                   respectively, VA issued letters to tribal             organization, but such allowance is not
                                                    service to a claimant and that the                       leaders as well as a Federal Register                 permitted for State governments.
                                                    organization will not represent to the                   notice, 81 FR 12626, seeking comment                     A few commenters misinterpreted the
                                                    public that VA recognition of the                        on VA’s consideration of issuing a                    language provided in the consultation
                                                    organization is for any purpose other                    proposed rule that would amend part 14                and notice as limiting recognition of a
                                                    than claimant representation; and the                    of title 38, Code of Federal Regulations,             tribal veterans’ service officer through a
                                                    names, titles, and addresses of officers                 to expressly provide for the recognition              State. One commenter asked for
                                                    and the official(s) authorized to certify                of tribal organizations so that                       clarification on what type of employees
                                                    representatives.                                         representatives of the organizations may              would be eligible to become accredited
                                                      • Description of need for information                  assist Native American claimants in the               by VA. The commenter stated that
                                                    and proposed use of information: The                     preparation, presentation, and                        employees of a tribal nation as well as
                                                    information is used by VA in reviewing                   prosecution of their VA benefit claims.               a tribal organization should be eligible.
                                                    accreditation applications to determine                  Those interested in providing comment                 We agree, and the proposed rule would
                                                    whether organizations meet the                           were given 30-days to respond. Based                  allow for both avenues to attain VA
                                                    requirements for VA accreditation under                  on requests from commenters, VA                       accreditation depending on the tribal
                                                    § 14.628.                                                expanded the comment period an                        government’s size, relationships with
                                                      • Description of likely respondents:                   additional 15 days to April 26, 2016. VA              other tribal governments, relationships
                                                    Organizations seeking VA accreditation                   received comments from 36                             with States, and the needs of Native
                                                    under § 14.628.                                          commenters. A few commenters                          American veterans in their area. After a
                                                      • Estimated number of respondents: 5                   submitted more than one comment.                      tribal organization becomes recognized
                                                    applicants per year.                                     Overall, the comments were supportive                 by VA, that organization would be able
                                                      • Estimated frequency of responses:                    of issuing such a proposed rule.                      to request to have its own
                                                    This is a one-time collection.                              One commenter wrote that, currently,               representatives accredited under 38 CFR
                                                      • Estimated average burden per                         their tribal representatives are being                14.629. In addition to proposing to
                                                    response: 5 hours.                                       accredited through their State as well as             recognize tribal organizations and
                                                      • Estimated total annual reporting                     other national organizations and was                  accredit their representatives, VA would
                                                    and recordkeeping burden: 25 hours per                   curious as to the ‘‘road blocks’’ other               provide an additional means by which
                                                    year.                                                    tribal organizations were facing. This                VA may recognize an employee of a
                                                                                                             commenter did not provide any                         tribal government as a tribal veterans’
                                                    Regulatory Flexibility Act                               suggestions, and therefore, no change to              service officer through a State
                                                      The Secretary hereby certifies that                    this rulemaking is warranted.                         organization. This accreditation would
                                                    this proposed rule would not have a                         Several commenters noted that                      be akin to accreditation given to county
                                                    significant economic impact on a                         currently Native American veterans face               veterans’ service officers through State
                                                    substantial number of small entities as                  many roadblocks to obtaining                          organizations and is only meant to
                                                    they are defined in the Regulatory                       representation. One commenter noted                   provide an additional path to VA
                                                    Flexibility Act, 5 U.S.C. 601–612. It                    that geography, economic, and culture                 accreditation. We propose that the
                                                    does not require any action on the part                  barriers prevent Native American                      requirements for a tribal veterans’
                                                    of any entity but merely provides a new                  veterans from utilizing currently                     service officer to become accredited as
                                                    opportunity for tribal organizations to                  available representation. These                       a representative through a State
                                                    become recognized by VA for the                          comments were offered in support of the               organization be the same as the
                                                    purpose of assisting VA claimants in the                 proposed rule, and therefore, no change               requirements for a county veterans’
                                                    preparation, presentation, and                           to this rulemaking is warranted.                      service officer. Therefore, VA makes no
                                                    prosecution of claims for VA benefits.                      A few commenters misinterpreted the                changes based on these comments.
                                                    Therefore, pursuant to 5 U.S.C. 605(b),                  language provided in the consultation                    One commenter asked what happens
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                                                    this rulemaking is exempt from the                       and notice as meaning that VA intended                to the accreditation of a tribal
                                                    initial and final regulatory flexibility                 to propose that VA’s recognition of a                 organization if the Director is
                                                    analysis requirements of sections 603                    tribal organization would be tied to                  relinquished. It seems this comment
                                                    and 604.                                                 VA’s recognition of the corresponding                 stems from the misinterpretation
                                                                                                             State organization. One commenter                     previously discussed regarding the
                                                    Executive Order 13175                                    stated that VA should recognize a tribal              accreditation of a tribal organization and
                                                      Executive Order 13175 provides that                    organization as ‘‘equal to’’ a State                  the corresponding State organization.
                                                    Federal agencies may not issue a                         organization. VA is not tying VA                      The commenter also asked what


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                                                    47092                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    happens if the State refuses to sponsor                  commenter also questioned the role of                 entity from which applications will be
                                                    the replacement officer. As discussed                    VA in the accreditation and monitoring                considered to be recognized for . . .’’
                                                    above, once a tribal organization                        process. The laws governing VA                        VA accreditation. Another commenter
                                                    becomes recognized by VA, that                           accreditation are set out at 38 U.S.C.                suggested adding ‘‘[F]ederally
                                                    organization would be able to request to                 5902 and 5904 and 38 CFR 14.626–                      recognized tribes’’ or ‘‘[F]ederally
                                                    have its own representatives accredited                  14.637. These laws apply to all                       recognized tribal governments’’ as part
                                                    under § 14.629. The tribal organization                  organizations, agents, and attorneys                  of the definition for tribal organizations.
                                                    can file with VA to have a replacement                   seeking VA accreditation. Pursuant to                 Another commenter suggested adding
                                                    officer accredited. Therefore, VA makes                  § 14.628, the organization requesting VA              tribal communities. For the purposes of
                                                    no changes based on this comment.                        accreditation must certify to VA that the             the regulations pertaining to the
                                                       Several commenters also expressed                     organization meets the § 14.628(d)                    representation of VA claimants, VA
                                                    concern over the requirements for                        requirements for recognition. Therefore,              proposes to define a tribal government
                                                    recognition in § 14.628(d). Specifically,                a Memorandum of Understanding                         to mean ‘‘the Federally recognized
                                                    the commenters expressed concern that                    between VA and a tribe is not sufficient              governing body of any Indian tribe,
                                                    many tribal organizations may not be                     for applying for VA accreditation.                    band, nation, or other organized group
                                                    able to satisfy the primary purpose, size,               Furthermore, VA does monitor its                      or community . . .’’. VA finds this
                                                    funding, and training requirements, to                   accredited organizations, agents, and                 definition to be inclusive of the
                                                    include providing the required,                          attorneys and handles disciplinary                    comments, and therefore, no change is
                                                    supporting documentation. One                            matters as they arise. Therefore, VA                  warranted.
                                                    commenter suggested that VA provide                      makes no changes based on this                           One commenter suggested a
                                                    the funding for tribes ‘‘to engage in this               comment.                                              legislative amendment to the definition
                                                    work.’’ Another commenter suggested                         One commenter suggested that VA                    of State in 38 U.S.C. 101(20) to include
                                                    including Indian Health Services for                     engage in additional consultation with                ‘‘[F]ederally recognized tribal
                                                    funding assistance. A few commenters                     Tribes that would be ‘‘interested in                  governments.’’ Amending the statutory
                                                    expressed concern about the                              becoming recognized veterans[’] service               language is something that only
                                                    requirement that the organization must                   organizations, but are unable to meet the             Congress can accomplish. Since VA is
                                                    maintain a policy of either providing                    requirements.’’ In the proposed rule, VA              defining the term ‘‘tribal government’’
                                                    complete claims representation or                        offers alternative avenues for VA                     in regulation and providing an avenue
                                                    provide ‘‘written notice of any                          recognition and accreditation for tribal              for VA recognition of a tribal
                                                    limitation in its claims service with                    governments that may not be capable of                organization separate from a State
                                                    advice concerning the availability of                    establishing an organization that can                 organization, VA does not find such a
                                                    alternative sources of claims service.’’                 meet the VA recognition requirements                  legislative amendment necessary.
                                                    38 CFR 14.628(d)(1)(iv). One commenter                   in the proposed rule on their own. VA                 Therefore, no change is warranted based
                                                    seemed to believe VA was questioning                     further welcomes additional comments                  on this comment.
                                                    the level of competence of tribal                        as to the suitability of those alternative               Several commenters wrote that
                                                    representatives. VA must ensure that                     avenues through comments on this                      ‘‘[s]pecial attention must be paid to
                                                    VA accredited organizations can                          proposed rule. VA declines to make any                what specifically is meant by a ‘[t]ribal
                                                    provide long-term, competent                             changes based on this comment.                        [o]rganization’ ’’ and that VA should
                                                    representation and has found that the                       One commenter also recommended                     offer a clear definition of the term. The
                                                    § 14.628(d) requirements are protective                  that ‘‘VA enter into Memorandums of                   commenters did not offer any
                                                    of that mission. These requirements                      Understanding with [F]ederally-                       suggestions for such definition. As
                                                    apply to all organizations seeking VA                    recognized tribes and tribal                          previously discussed, VA is defining
                                                    recognition. Exempting tribal                            organizations for [v]eterans’ [s]ervice               this term for the purposes of this
                                                    organizations from meeting the                           [o]fficer training and service                        rulemaking. Therefore, VA does not
                                                    § 14.628(d) requirements would not be                    reimbursement, on individual bases.’’                 make any changes based on this
                                                    consistent with the purpose of VA                        Another commenter objected to the fact                comment.
                                                    recognition to ensure that veterans are                  that there was ‘‘no mention of funding                   Several commenters asked VA to
                                                    receiving qualified, competent                           to train and maintain such a position.’’              clarify whether tribal governments,
                                                    representation on their VA benefit                       Section 5902, of title 38, United State               including veterans departments within
                                                    claims. As previously discussed, VA has                  Code, which is the law that authorizes                these governments, would be eligible for
                                                    provided additional means to achieve                     VA to recognize organizations for the                 VA recognition. A Department of
                                                    VA recognition or accreditation for                      purpose of providing assistance on VA                 Veterans Affairs or a Veterans Affairs
                                                    those tribal governments that may have                   benefit claims, does not provide for the              office that is established and funded by
                                                    difficulty establishing a tribal                         funding of such organizations to train                a tribal government would be included
                                                    organization capable of meeting the                      and maintain representatives. Pursuant                in the definition of tribal organization.
                                                    § 14.628(d) requirements, to include the                 to § 14.628(d)(iii)(B), organizations are             Therefore, no change to this rulemaking
                                                    ability for one or more tribal                           not precluded from seeking and                        is warranted based on these comments.
                                                    governments to establish and fund a                      receiving other sources of State and                     One commenter asked that VA
                                                    tribal organization and the ability of an                Federal grant funding so long as the                  provide recognition for urban Indian
                                                    employee of a tribal government to                       organization’s funding is not subject to              organizations. The comment is unclear
                                                    become accredited as a tribal veterans’                  limitations imposed under any Federal                 on whether such an organization would
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                                                    service officer through a recognized                     grant or law which would prevent it                   be able to apply for VA recognition as
                                                    State organization. Therefore, VA makes                  from representing claimants before VA.                a tribal organization. VA declines to add
                                                    no changes based on these comments.                      Therefore, VA declines to make any                    an additional organization category at
                                                       One commenter suggested that VA                       changes based on these comments.                      this time. In addition to the proposed
                                                    grant accreditation to tribes through a                     One commenter wrote that VA ‘‘. . .                amendments discussed in this
                                                    Memorandum of Understanding and                          should include [F]ederally-recognized                 rulemaking, an organization may still
                                                    included their tribe’s Memorandum of                     tribes, not just tribal organizations                 utilize other avenues to apply for VA
                                                    Understanding with their State. The                      funded by tribal governments, as an                   recognition such as requesting VA


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                                                                           Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules                                            47093

                                                    recognition as a regional or local                       other title 38 benefits. The commenters               additional comment to this rulemaking
                                                    organization. To be recognized as a                      did not specify what other accreditation              to be provided during that time.
                                                    regional or local organization, an                       they are seeking. As previously                         One commenter asked for the
                                                    organization must meet the                               discussed, 38 CFR part 14 is limited in               projected implementation date of this
                                                    requirements of § 14.628(c) and (d).                     jurisdiction to recognizing organizations             rulemaking. VA will publish a final rule
                                                       Further, there are several ways that                  and accrediting individuals to assist in
                                                    individuals, including tribal members,                                                                         to this proposed rule which will contain
                                                                                                             the preparation, presentation, and
                                                    tribal government employees, and                                                                               the effective date of the rulemaking.
                                                                                                             prosecution of VA benefit claims.
                                                    others who work within and serve tribal                  Pursuant to section 5902, VA                          Executive Orders 12866 and 13563
                                                    or Native American communities, may                      accreditation may not be granted for any
                                                    be accredited by VA to represent                         other purpose. This rulemaking in no                     Executive Orders 12866 and 13563
                                                    claimants. An individual may apply for                   way deprives any veteran of any title 38              direct agencies to assess the costs and
                                                    accreditation as a representative through                benefits. Therefore, no change is                     benefits of available regulatory
                                                    an existing VA-recognized organization                   warranted based on these comments.                    alternatives and, when regulation is
                                                    under standards set forth in § 14.629(a).                   One commenter suggested that office                necessary, to select regulatory
                                                    Alternatively, an individual may also                    space opportunities should be available               approaches that maximize net benefits
                                                    seek accreditation in an individual                      to tribal governments and organizations               (including potential economic,
                                                    capacity as either an agent or an                        in the same manner as they are available              environmental, public health and safety
                                                    attorney under the standards set forth in                to State organizations. As previously                 effects, and other advantages;
                                                    § 14.629(b). Therefore, VA declines to                   discussed, this proposed rule would,                  distributive impacts; and equity).
                                                    make any changes based on this                           under § 14.635, allow the Secretary to                Executive Order 13563 (Improving
                                                    comment.                                                 furnish office space and facilities, when             Regulation and Regulatory Review)
                                                       A couple of commenters submitted                      available, to both State and tribal                   emphasizes the importance of
                                                    statements certifying that their                         organization employees who are also                   quantifying both costs and benefits,
                                                    organization would meet the                              accredited to national organizations for              reducing costs, harmonizing rules, and
                                                    requirements for accreditation for a                     the purpose of assisting claimants in the             promoting flexibility. Executive Order
                                                    tribal organization. Applications for                    preparation, presentation, and                        12866 (Regulatory Planning and
                                                    accreditation are outside the scope of                   prosecution of claims for benefits. VA
                                                                                                                                                                   Review) defines a ‘‘significant
                                                    this rulemaking. Therefore, no change is                 would be furnishing office space to
                                                    warranted based on these comments.                                                                             regulatory action’’ requiring review by
                                                                                                             tribal organizations in the same manner
                                                       One commenter asked whether                                                                                 OMB, unless OMB waives such review,
                                                                                                             as it furnishes such space to State
                                                    accredited tribal representatives would                  organizations. Therefore, no change is                as ‘‘any regulatory action that is likely
                                                    be granted access to software programs                   warranted based on this comment.                      to result in a rule that may: (1) Have an
                                                    containing a veteran’s claims file                          One commenter noted that VA should                 annual effect on the economy of $100
                                                    information and whether that access                      allow a tribal government employee to                 million or more or adversely affect in a
                                                    would be on tribal grounds. This issue                   become accredited through an                          material way the economy, a sector of
                                                    is outside the scope of this rulemaking.                 accredited body of their choice. VA in                the economy, productivity, competition,
                                                    Therefore, no change is warranted based                  no way is limiting how a particular                   jobs, the environment, public health or
                                                    on this comment.                                         individual may apply to become an                     safety, or State, local, or tribal
                                                       One commenter expressed support for                   accredited VA representative. As                      governments or communities; (2) Create
                                                    VA recognizing tribal organizations in                   previously discussed, VA is merely                    a serious inconsistency or otherwise
                                                    an equal manner as VA recognizes State                   providing additional paths to VA                      interfere with an action taken or
                                                    organizations but suggested that VA                      accreditation than currently exist.                   planned by another agency; (3)
                                                    authorize a field office close to tribal                 Therefore, VA declines to make any                    Materially alter the budgetary impact of
                                                    administration locations and fund one                    changes to this rulemaking based on this              entitlements, grants, user fees, or loan
                                                    or two veterans service officer positions.               comment.                                              programs or the rights and obligations or
                                                    The tribal consultation and this                            Several commenters suggested further               recipients thereof; or (4) Raise novel
                                                    proposed rulemaking are limited in                       outreach and collaboration. One                       legal or policy issues arising out of legal
                                                    scope to recognition for purposes of VA                  commenter suggested that VA form a                    mandates, the President’s priorities, or
                                                    claims representation. The commenter’s                   tribal workgroup to allow                             the principles set forth in this Executive
                                                    suggestion of adding a field office is                   representatives from tribal organizations             Order.’’
                                                    beyond the scope, and therefore, VA                      to collaborate on implementing the new
                                                    declines to make any changes based on                    program. One commenter provided VA                       The economic, interagency,
                                                    this comment. VA also declines to make                   with their tribal consultation policy.                budgetary, legal, and policy
                                                    any changes to the commenter’s                           Other commenters suggested that VA                    implications of this regulatory action
                                                    suggestion of funding job positions for                  engage in additional consultation with                have been examined, and it has been
                                                    veterans service officers. Part of the                   experts in Indian law and hold an all-                determined not to be a significant
                                                    § 14.628(d) requirements is that an                      tribes call to gather additional input for            regulatory action under Executive Order
                                                    organization seeking accreditation must                  this rulemaking. VA appreciates this                  12866. VA’s impact analysis can be
                                                    commit a significant portion of its assets               information. As previously noted, VA                  found as a supporting document at
                                                    to veterans’ services and have adequate                  extended the comment period for an                    http://www.regulations.gov, usually
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                                                    funding to properly perform those                        additional 15 days to ensure that all                 within 48 hours after the rulemaking
                                                    services. 38 CFR 14.628(d)(1)(iii).                      interested parties had an appropriate                 document is published. Additionally, a
                                                       A few commenters expressed concern                    time to provide input. Therefore, VA                  copy of this rulemaking and its impact
                                                    that the proposed rulemaking is limiting                 finds that it has complied with the                   analysis are available on VA’s Web site
                                                    VA recognition for the preparation,                      requirements of Executive Order 13175.                at http://www.va.gov/orpm/, by
                                                    presentation, and prosecution of claims                  VA notes that an additional 60-day                    following the link for ‘‘VA Regulations
                                                    for VA benefits. One commenter seemed                    comment period is provided for this                   Published From FY 2004 Through Fiscal
                                                    to think VA is depriving veterans from                   proposed rule and invites any                         Year to Date.’’


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                                                    47094                  Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Proposed Rules

                                                    Unfunded Mandates                                        § 14.627   Definitions.                               § 14.635    [Amended]
                                                                                                             *     *      *    *     *                             ■ 5. Amend § 14.635 by adding, in the
                                                       The Unfunded Mandates Reform Act                                                                            introductory paragraph, ‘‘or tribal’’
                                                    of 1995 requires, at 2 U.S.C. 1532, that                   (r) Tribal government means the
                                                                                                             Federally recognized governing body of                immediately following ‘‘State’’.
                                                    agencies prepare an assessment of
                                                    anticipated costs and benefits before                    any Indian tribe, band, nation, or other              [FR Doc. 2016–17052 Filed 7–19–16; 8:45 am]
                                                    issuing any rule that may result in                      organized group or community,                         BILLING CODE 8320–01–P

                                                    expenditure by State, local, and tribal                  including any Alaska Native village or
                                                    governments, in the aggregate, or by the                 Regional or Village Corporation as
                                                    private sector, of $100 million or more                  defined in or established pursuant to the             ENVIRONMENTAL PROTECTION
                                                    (adjusted annually for inflation) in any                 Alaska Native Claims Settlement Act,                  AGENCY
                                                    one year. This proposed rule would                       which is recognized as eligible for the
                                                    have no such effect on State, local, and                 special programs and services provided                40 CFR Part 52
                                                    tribal governments, or on the private                    by the United States to Indians because               [EPA–R04–OAR–2014–0507; FRL–9949–30–
                                                    sector.                                                  of their status as Indians.                           Region 4]
                                                                                                             *     *      *    *     *
                                                    Catalog of Federal Domestic Assistance                                                                         Air Plan Approval; Florida;
                                                                                                             ■ 3. Amend § 14.628 by:
                                                      There are no Catalog of Federal                                                                              Infrastructure Requirements for the
                                                                                                             ■ a. Redesignating paragraph (b) as                   2010 Nitrogen Dioxide National
                                                    Domestic Assistance programs numbers                     paragraph (b)(1) and adding paragraph
                                                    and titles associated with this proposed                                                                       Ambient Air Quality Standard
                                                                                                             (b)(2); and
                                                    rule.                                                                                                          AGENCY:  Environmental Protection
                                                                                                             ■ b. In the parenthetical at the end of
                                                    Signing Authority                                                                                              Agency.
                                                                                                             the section, removing ‘‘2900–0439’’ and
                                                                                                             adding, in its place, 2900–XXXX’’.                    ACTION: Proposed rule.
                                                      The Secretary of Veterans Affairs, or
                                                    designee, approved this document and                       The addition reads as follows:                      SUMMARY:    The Environmental Protection
                                                    authorized Gina S. Farrisee, Deputy                                                                            Agency (EPA) is proposing to approve
                                                                                                             § 14.628   Recognition of organizations.
                                                    Chief of Staff, to sign and submit the                                                                         the State Implementation Plan (SIP)
                                                    document to the Office of the Federal                    *      *     *     *    *                             submission, submitted by the State of
                                                    Register for publication electronically as                  (b)(1) State organization. * * *                   Florida, through the Florida Department
                                                    an official document of the Department                      (2) Tribal organization. For the                   of Environmental Protection (FDEP), on
                                                    of Veterans Affairs. Gina S. Farrisee,                   purposes of 38 CFR 14.626 through                     January 22, 2013, for inclusion into the
                                                    Deputy Chief of Staff, Department of                     14.637, an organization that is a legally             Florida SIP. This proposal pertains to
                                                    Veterans Affairs, approved this                          established organization that is                      the infrastructure requirements of the
                                                    document on July 14, 2016 for                            primarily funded and controlled,                      Clean Air Act (CAA or Act) for the 2010
                                                    publication.                                             sanctioned, or chartered by one or more               1-hour nitrogen dioxide (NO2) national
                                                                                                             tribal governments and that has a                     ambient air quality standard (NAAQS).
                                                    List of Subjects in 38 CFR Part 14
                                                                                                             primary purpose of serving the needs of               The CAA requires that each state adopt
                                                      Administrative practice and                            Native American veterans. Only one                    and submit a SIP for the
                                                    procedure, Claims, Courts, Foreign                       tribal organization may be recognized                 implementation, maintenance and
                                                    relations, Government employees,                         for each tribal government. If a tribal               enforcement of each NAAQS
                                                    Lawyers, Legal services, Organization                    organization is created and funded by                 promulgated by EPA, which is
                                                    and functions (Government agencies),                     more than one tgovernment, the                        commonly referred to as an
                                                    Reporting and recordkeeping                              approval of each tribal government must               ‘‘infrastructure SIP submission.’’ FDEP
                                                    requirements, Surety bonds, Trusts and                   be obtained prior to applying for VA                  certified that the Florida SIP contains
                                                    trustees, Veterans.                                      recognition. If one of the supporting                 provisions that ensure the 2010 1-hour
                                                      Dated: July 14, 2016.                                  tribal governments withdraws from the                 NO2 NAAQS is implemented, enforced,
                                                                                                             tribal organization, the tribal                       and maintained in Florida. With the
                                                    Janet J. Coleman,
                                                                                                             organization must notify VA of the                    exception of provisions pertaining to the
                                                    Chief, Office of Regulation Policy &                                                                           ambient air quality monitoring and data
                                                    Management, Office of the Secretary,                     withdrawal and certify that the tribal
                                                    Department of Veterans Affairs.                          organization continues to meet the                    system, prevention of significant
                                                                                                             recognition requirements in paragraph                 deterioration (PSD) permitting and
                                                      For the reasons set out in the                         (d) of this section.                                  interstate transport provisions
                                                    preamble, the Department of Veterans                                                                           pertaining to the contribution to
                                                                                                             *      *     *     *    *
                                                    Affairs proposes to amend 38 CFR part                                                                          nonattainment or interference with
                                                    14 as follows:                                           § 14.629   [Amended]                                  maintenance in other states, EPA is
                                                                                                                                                                   proposing to find that Florida’s
                                                    PART 14—LEGAL SERVICES,                                  ■  4. Amend § 14.629 by:
                                                                                                                                                                   infrastructure SIP submission, provided
                                                    GENERAL COUNSEL, AND                                     ■  a. In paragraph (a)(2) introductory                to EPA on January 22, 2013, satisfies
                                                    MISCELLANEOUS CLAIMS                                     text, removing ‘‘county veteran’s service             certain required infrastructure elements
                                                                                                             officer’’ and adding in its place ‘‘county            for the 2010 1-hour NO2 NAAQS.
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                                                    ■ 1. The authority citation for part 14                  veterans’ service officer’’;                          DATES: Written comments must be
                                                    continues to read as follows:                            ■ b. In paragraph (a)(2) introductory                 received on or before August 19, 2016.
                                                      Authority: 5 U.S.C. 301; 28 U.S.C. 2671–               text, adding ‘‘or tribal veterans’ service            ADDRESSES: Submit your comments,
                                                    2680; 38 U.S.C. 501(a), 512, 515, 5502, 5901–            officer’’ immediately following ‘‘county              identified by Docket ID No. EPA–R04–
                                                    5905; 28 CFR part 14, appendix to part 14,               veterans’ service officer’’; and
                                                    unless otherwise noted.                                                                                        OAR–2014–0507 at http://
                                                                                                             ■ c. In paragraph (a)(2)(i), adding ‘‘or              www.regulations.gov. Follow the online
                                                    ■ 2. Amend § 14.627 by adding                            tribal government’’ immediately                       instructions for submitting comments.
                                                    paragraph (r) to read as follows:                        following ‘‘county’’.                                 Once submitted, comments cannot be


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Document Created: 2018-02-08 07:57:03
Document Modified: 2018-02-08 07:57:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before September 19, 2016.
ContactDana Raffaelli, Staff Attorney, Benefits Law Group, Office of the General Counsel, (022D), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-7699. (This is not a toll free number.)
FR Citation81 FR 47087 
RIN Number2900-AP51
CFR AssociatedAdministrative Practice and Procedure; Claims; Courts; Foreign Relations; Government Employees; Lawyers; Legal Services; Organization and Functions (government Agencies); Reporting and Recordkeeping Requirements; Surety Bonds; Trusts and Trustees and Veterans

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