82 FR 11151 - Recognition of Tribal Organizations for Representation of VA Claimants; Delay of Effective Date

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 82, Issue 33 (February 21, 2017)

Page Range		11151-11152
FR Document		2017-03328

In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this action delays the effective date of the final rule (``Recognition of Tribal Organizations for Representation of VA Claimants'') published January 19, 2017, from February 21, 2017, until March 21, 2017.

Federal Register, Volume 82 Issue 33 (Tuesday, February 21, 2017)

[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11151-11152]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03328]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 14

RIN 2900-AP51


Recognition of Tribal Organizations for Representation of VA 
Claimants; Delay of Effective Date

AGENCY: Department of Veterans Affairs.

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2017, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Freeze Pending Review,'' this action delays the effective 
date of the final rule (``Recognition of Tribal Organizations for 
Representation of VA Claimants'') published January 19, 2017, from 
February 21, 2017, until March 21, 2017.

DATES: The effective date of the rule that published on January 19, 
2017, at 82 FR 6265, is delayed until March 21, 2017.

FOR FURTHER INFORMATION CONTACT: Brandon A. Jonas, 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: On January 19, 2017, the Department of 
Veterans Affairs (VA) issued a final rule amending its regulations 
concerning recognition of certain national, State, and regional or 
local organizations for purposes of VA claims representation. 
Specifically, the rulemaking allows the Secretary to recognize tribal 
organizations in a similar manner as the Secretary recognizes State 
organizations. The final rule allows 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 rulemaking allows an employee of a tribal 
government to become accredited through a recognized State organization 
in a similar manner as a County

[[Page 11152]]

Veterans' Service Officer (CVSO) may become accredited through a 
recognized State organization. The rule was published with an effective 
date of February 21, 2017.
    VA bases this action on the memorandum of January 20, 2017 (82 FR 
8346), from the Assistant to the President and Chief of Staff, entitled 
``Regulatory Freeze Pending Review'' (White House memorandum). That 
memorandum directed the heads of Executive Departments and Agencies to 
temporarily postpone for 60 days from the date of the memorandum the 
effective dates of all regulations that had been published in the 
Federal Register but had not yet taken effect, for the purpose of 
``reviewing questions of fact, law, and policy they raise.'' VA, 
therefore, is revising the effective date of the rule that published on 
January 19, 2017 (82 FR 6265), to March 21, 2017.
    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, VA's implementation 
of this action without opportunity for public comment, effective 
immediately upon publication today in the Federal Register, is based on 
the good cause exceptions in 5 U.S.C. 553(b)(B) and (d)(3). Seeking 
public comment is impracticable, unnecessary, and contrary to the 
public interest. The temporary delay in the effective date until March 
21, 2017, is necessary to give VA officials the opportunity for further 
review and consideration of the new regulation, consistent with the 
White House memorandum. Given the imminence of the effective date, the 
brief length of the extension, and the public's full opportunity to 
comment prior to the publishing of the final rule, seeking public 
comment on this temporary delay would have been impracticable, as well 
as contrary to the public interest in the orderly promulgation and 
implementation of regulations. VA also believes that further delay, 
beyond what is required by the White House memorandum, would cause 
undue inconvenience to the affected entities.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on February 15, 2017, for publication.

    Approved: February 15, 2017.
Jeffrey Martin,
Office Program Manager, Office of Regulation Policy & Management, 
Office of the Secretary, Department of Veterans Affairs.
[FR Doc. 2017-03328 Filed 2-17-17; 8:45 am]
 BILLING CODE 8320-01-P

11152 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations

Veterans’ Service Officer (CVSO) may Approved: February 15, 2017. use appropriated funds available to VA
become accredited through a recognized Jeffrey Martin, for the Medical Services account to
State organization. The rule was Office Program Manager, Office of Regulation provide fertility counseling and
published with an effective date of Policy & Management, Office of the Secretary, treatment using assisted reproductive
February 21, 2017. Department of Veterans Affairs. technology (ART) to a veteran with a
VA bases this action on the [FR Doc. 2017–03328 Filed 2–17–17; 8:45 am] service-connected disability that results
memorandum of January 20, 2017 (82 BILLING CODE 8320–01–P in the inability of the veteran to
FR 8346), from the Assistant to the procreate without the use of fertility
President and Chief of Staff, entitled treatment, and to the spouse of such
‘‘Regulatory Freeze Pending Review’’ DEPARTMENT OF VETERANS veteran. The ART treatments referred to
(White House memorandum). That AFFAIRS in this law are those relating to
memorandum directed the heads of reproductive assistance provided to a
Executive Departments and Agencies to 38 CFR Part 17 member of the Armed Forces who
temporarily postpone for 60 days from incurs a serious injury or illness on
RIN 2900–AP94
the date of the memorandum the active duty pursuant to title 10 of the
effective dates of all regulations that had Fertility Counseling and Treatment for United States Code (U.S.C.) section
been published in the Federal Register Certain Veterans and Spouses, 1074(c)(4)(A), as described in a policy
but had not yet taken effect, for the Correction memorandum issued by the Assistant
purpose of ‘‘reviewing questions of fact, Secretary of Defense for Health Affairs
law, and policy they raise.’’ VA, AGENCY:Department of Veterans Affairs. on April 3, 2012, titled ‘‘Policy for
therefore, is revising the effective date of Interim final rule; correcting
ACTION: Assisted Reproductive Services for the
the rule that published on January 19, amendment. Benefit of Seriously or Severely Ill/
2017 (82 FR 6265), to March 21, 2017. Injured (Category II or III) Active Duty
To the extent that 5 U.S.C. 553 applies SUMMARY: The Department of Veterans Service Members,’’ and the guidance
to this action, it is exempt from notice Affairs published in the Federal issued to implement such policy,
and comment because it constitutes a Register on January 19, 2017, an interim including any limitations on the amount
rule of procedure under 5 U.S.C. final rulemaking adding a new section of benefits available to each eligible
553(b)(A). Alternatively, VA’s authorizing in vitro fertilization (IVF) member.
implementation of this action without for a veteran with a service-connected VA added new § 17.380 which states
opportunity for public comment, disability that results in the inability of that IVF may be provided when
effective immediately upon publication the veteran to procreate without the use clinically appropriate to a veteran who
today in the Federal Register, is based of fertility treatment. In addition, we has a service-connected disability that
on the good cause exceptions in 5 U.S.C. added a new section authorizing VA to results in the inability of the veteran to
553(b)(B) and (d)(3). Seeking public provide fertility counseling and procreate without the use of fertility
comment is impracticable, unnecessary, treatment using assisted reproductive treatment, as well as a spouse of such
and contrary to the public interest. The technologies (ART), including IVF, to a veteran. IVF services available to such
temporary delay in the effective date spouse of a veteran with a service- veterans are the same as those provided
until March 21, 2017, is necessary to connected disability that results in the by DoD to a member of the Armed
give VA officials the opportunity for inability of the veteran to procreate Forces who incurs a serious injury or
further review and consideration of the without the use of fertility treatment. illness on active duty pursuant to 10
new regulation, consistent with the These sections contain an error U.S.C. 1074(c)(4)(A), as described in
White House memorandum. Given the regarding the expiration date VA’s DoD policy guidance, including any
imminence of the effective date, the authority to provide health care limitations on the amount of such
brief length of the extension, and the services. This document corrects the benefits available to such a member.
public’s full opportunity to comment errors and does not make any Fertility counseling and treatment other
prior to the publishing of the final rule, substantive change to the content of the than IVF is available to veterans as part
seeking public comment on this interim final rule. of the medical benefits package at
temporary delay would have been DATES: Effective: February 21, 2017. § 17.38.
impracticable, as well as contrary to the We also added new § 17.412 which
FOR FURTHER INFORMATION CONTACT: states that VA may provide fertility
public interest in the orderly
promulgation and implementation of Patricia M. Hayes, Ph.D. Chief counseling and treatment using ART to
regulations. VA also believes that Consultant, Women’s Health Services, a spouse of a veteran with a service-
further delay, beyond what is required Patient Care Services, Veterans Health connected disability that results in the
by the White House memorandum, Administration, Department of Veterans inability of the veteran to procreate
would cause undue inconvenience to Affairs, 810 Vermont Ave. NW., without the use of fertility treatment to
the affected entities. Washington, DC 20420. (202) 461–0373. the extent such services are available to
(This is not a toll-free number.) enrolled veterans under the medical
Signing Authority SUPPLEMENTARY INFORMATION: VA benefits package. It also states that VA
The Secretary of Veterans Affairs, or published an interim final rule at 82 FR may provide IVF to a spouse of a
designee, approved this document and 6275 (January 19, 2017) that veteran with a service-connected
authorized the undersigned to sign and implemented section 260 of the disability that results in the inability of
submit the document to the Office of the Continuing Appropriations and Military the veteran to procreate without the use
Federal Register for publication Construction, Veterans Affairs, and
rmajette on DSK2TPTVN1PROD with RULES

of fertility treatment. Such health care
electronically as an official document of Related Agencies Appropriations Act, services may be provided when
the Department of Veterans Affairs. Gina 2017, and Zika Response and clinically appropriate and consistent
S. Farrisee, Deputy Chief of Staff, Preparedness Act (Pub. L. 114–223) as it with the benefits relating to
Department of Veterans Affairs, pertains to fertility counseling and reproductive assistance provided to a
approved this document on February treatment for certain veterans and member of the Armed Forces who
15, 2017, for publication. spouses. This law states that VA may incurs a serious injury or illness on

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Document Created: 2018-02-01 15:04:43
Document Modified: 2018-02-01 15:04:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; delay of effective date.
Dates		The effective date of the rule that published on January 19, 2017, at 82 FR 6265, is delayed until March 21, 2017.
Contact		Brandon A. Jonas, 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 Citation		82 FR 11151
RIN Number		2900-AP51