82_FR_26861 82 FR 26751 - Expanded Delegation Authority for Procedures Related to Representation of Claimants

82 FR 26751 - Expanded Delegation Authority for Procedures Related to Representation of Claimants

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 82, Issue 110 (June 9, 2017)

Page Range26751-26754
FR Document2017-11977

The Department of Veterans Affairs (VA) is amending its regulations on representation of claimants for VA benefits to specifically permit additional delegations of authority within the Office of the General Counsel (OGC), update the titles of certain individuals and offices in OGC, and make a minor procedural clarification. These amendments are necessary to allow OGC to streamline the procedures related to representation of claimants and to ensure correct titles of certain individuals and offices in OGC are reflected in the regulations. In addition, a procedural clarification is being made by adding a sentence that was inadvertently omitted from a previous final rule.

Federal Register, Volume 82 Issue 110 (Friday, June 9, 2017)
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Rules and Regulations]
[Pages 26751-26754]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11977]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 14

RIN 2900-AP96


Expanded Delegation Authority for Procedures Related to 
Representation of Claimants

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulations on representation of claimants for VA benefits to 
specifically permit additional delegations of authority within the 
Office of the General Counsel (OGC), update the titles of certain 
individuals and offices in OGC, and make a minor procedural 
clarification. These amendments are necessary to allow OGC to 
streamline the procedures related to representation of claimants and to 
ensure correct titles of certain individuals and offices in OGC are 
reflected in the regulations. In addition, a procedural clarification 
is being made by adding a sentence that was inadvertently omitted from 
a previous final rule.

DATES: Effective Date: This rule is effective June 9, 2017.

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

SUPPLEMENTARY INFORMATION: VA OGC is streamlining its procedures 
related to representation of VA claimants because of increased and 
higher-than-anticipated workload. This document amends 38 CFR part 14 
to specifically permit additional delegations of authority and to 
update titles of OGC positions to reflect the current organization of 
OGC.
    Under 38 U.S.C. chapter 59, the VA Secretary has authority to 
recognize attorneys, agents, and Veterans Service Organization (VSO) 
representatives for the preparation, presentation, and prosecution of 
benefit claims; regulate fees charged by accredited attorneys and 
agents; and prescribe the rules of conduct applicable while providing 
claims assistance. In December 2006, Congress enacted the Veterans 
Benefits, Health Care, and Information Technology Act of 2006 (Pub. L. 
109-461), which significantly amended chapter 59. Section 101 of the 
Act required VA to: (1) Regulate the qualifications and standards of 
conduct applicable to accredited attorneys and agents; (2) annually 
collect information about accredited attorneys' and agents' standing to 
practice or appear before any court, bar, or Federal or State agency; 
(3) proscribe accreditation of individuals who have been suspended or 
disbarred from any such entity without reinstatement; (4) add to the 
list of grounds for suspension or exclusion of attorneys or agents from 
further practice before VA; and (5) subject VSO representatives and 
individuals recognized for a particular claim to suspension and 
exclusion from further

[[Page 26752]]

practice before VA on the same grounds as apply to attorneys and 
agents.
    In addition, section 101 amended the fee provisions in chapter 59 
to allow paid representation by accredited attorneys and agents at an 
earlier stage in the VA claims adjudication process. These amendments 
authorized accredited attorneys and agents to charge fees for services 
provided after the claimant files a notice of disagreement in the case, 
rather than after the Board of Veterans' Appeals (Board) first makes a 
final decision in the case. The amendments also authorized VA to: (1) 
Restrict the amount of fees attorneys and agents may charge; (2) 
subject fee agreements between attorneys or agents and claimants to 
review by the Secretary, such review to be appealable to the Board; and 
(3) collect an assessment from any attorney or agent to whom VA pays 
fees directly from past-due benefits. Further, the amendments 
eliminated fee matters as grounds for criminal penalties under 38 
U.S.C. 5905.
    On May 22, 2008, VA published a final rule in the Federal Register 
(73 FR 29852) to implement the chapter 59 amendments. The final rule 
addressed accreditation of individuals, standards of conduct for all 
individuals authorized to assist claimants before VA, and attorneys' 
and agents' fees. Since the 2008 amendments, OGC has continued to 
develop and fine-tune the accreditation process. OGC's experience in 
administering the accreditation program over the past nine years has 
highlighted the need to streamline these procedures pertaining to the 
representation of VA claimants.
    The workload of the VA's accreditation program is at an all-time 
high. The number of VA-accredited individuals has increased rapidly 
since the publication of the final rule on May 22, 2008. Prior to the 
June 23, 2008, effective date of the final rule, licensed attorneys did 
not need to apply for accreditation. Since then, VA has accredited 
17,500 attorneys, an average of more than 2,000 per year. The number of 
VA-accredited claims agents has also increased, from 64 to 
approximately 400. OGC reviews thousands of accreditation applications 
and cancellation requests each year. Additionally, OGC must review 
complaints about the conduct of accredited individuals and disputes 
about the reasonableness of fees and expenses. Complaints and fee 
disputes have also increased rapidly since 2008; currently 121 
complaints and 193 fee disputes are pending with OGC.
    Under 38 U.S.C. 5904, Congress granted the VA Secretary the 
authority to accredit agents and attorneys for practice before VA. 
Congress has also authorized the Secretary to delegate authority to act 
and to render decisions under the laws administered by VA as necessary 
(38 U.S.C. 512). The Secretary, then the Administrator of Veterans 
Affairs, first delegated this authority for the accreditation program 
to the General Counsel in 1954 in a new 38 CFR part 14 (19 FR 5556). 
This revised rule permits the General Counsel and the Deputy General 
Counsel for Legal Policy, as well as the Chief Counsels and Deputy 
Chief Counsels of the specific OGC law groups or districts, to 
designate others as additional individuals who are authorized to make 
necessary determinations on accreditation matters. Additionally, with 
regard to proceedings to review fee agreements under Sec.  14.636(i) 
and expenses under Sec.  14.637(d), the revised rule transfers from the 
Chief Counsel level to the Deputy Chief Counsel level the authority in 
OGC to (1) initiate a review; (2) extend the time for an agent, 
attorney, claimant, or appellant to respond; and (3) make a 
recommendation to the General Counsel. These changes will increase the 
timeliness of the decisions and the overall efficiency of VA's 
accreditation program.
    In most instances, the revised rule allows the General Counsel to 
delegate authority to the Deputy General Counsel for Legal Policy, a 
Chief Counsel to delegate authority to the Deputy Chief Counsel or 
another appropriate designee, and a Deputy Chief Counsel to delegate 
authority to another appropriate designee. More broad delegation 
authority is provided for in the following cases of the General 
Counsel's authority:
    1. Under Sec.  14.629(b)(5) to grant or reinstate accreditation for 
an individual who remains suspended in a jurisdiction on grounds solely 
derivative of suspension or disbarment in another jurisdiction to which 
he or she has been subsequently reinstated,
    2. Under Sec.  14.636(i)(3) to make the final decision in 
proceedings to review fee agreements, and
    3. Under Sec.  14.637(d)(3) to make the final decision in 
proceedings to review expenses.
    This broader delegation authority extends to the Deputy General 
Counsel for Legal Policy if he or she has already been designated by 
the General Counsel to perform these functions.
    Additional revisions are being made to reflect the recent 
reorganization of OGC. The former titles of ``Assistant General 
Counsel'' and ``Regional Counsel'' have both been changed to ``Chief 
Counsel'', the previously numbered staff groups have been given titles 
based on subject matter (e.g., Benefits Law Group), and the former 23 
Regional Counsel Offices have been changed to 10 District Chief Counsel 
Offices, two for each of VA's 5 districts.
    Finally, a new sentence providing that, after an attorney or agent 
has had an opportunity to respond in proceedings to review expenses and 
a claimant or appellant has had an opportunity to reply to that 
response, the Deputy Chief Counsel will forward the record and a 
recommendation to the General Counsel (or, as discussed above, a 
designee of either the General Counsel or the Deputy General Counsel 
for Legal Policy) for a final decision, is being added to Sec.  
14.637(d)(3). A similar sentence was inadvertently omitted from the May 
22, 2008 final rule, although the procedure was described in the 
preamble to the proposed rule (72 FR 25930, 25934), and can be inferred 
from the regulatory text of the proposed and final rule (72 FR at 
25943; 73 FR at 29879). This procedure parallels that described in 38 
CFR 14.636(i)(3) regarding review of fee agreements.

Administrative Procedure Act

    These changes to 38 CFR part 14 are being published without regard 
to notice-and-comment procedures of 5 U.S.C. 553(b) because they 
involve only matters of agency organization, procedure, and practice, 
which are exempted from such notice-and-comment procedures by virtue of 
5 U.S.C. 553(b)(A). This final rule consists of only nonsubstantive 
changes that affect internal procedures. For this reason, in accordance 
with 5 U.S.C. 553(d)(3), VA has determined that there is good cause to 
waive the 30-day delayed effective date requirement under 5 U.S.C. 
553(d).

Executive Orders 12866 and 13563

    Executive Orders 13563 and 12866 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

[[Page 26753]]

regulatory action'' requiring review by the Office of Management and 
Budget (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 of 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 
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 the 
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.''

Regulatory Flexibility Act

    The initial and final regulatory flexibility analyses requirements 
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 
601-612, are not applicable to this rule, because a notice of proposed 
rulemaking is not required for this rule. Even so, the VA Secretary 
hereby certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities as they are 
defined in the Regulatory Flexibility Act. This rule affects only 
internal VA OGC procedures. 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.

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

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Catalog of Federal Domestic Assistance Numbers and Titles

    There are no Federal Domestic Assistance programs associated with 
this final rule.

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 June 5, 2017, 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: June 5, 2017.
Jeffrey Martin,
Office Program Manager, Office of Regulation Policy & Management, 
Office of the Secretary, Department of Veterans Affairs.

    For the reasons set forth in the preamble, VA amends 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:
0
a. Redesignating paragraphs (l) through (r) as paragraphs (o) through 
(u).
0
b. Redesignating paragraph (k) as paragraph (m).
0
c. Redesignating paragraphs (g) through (j) as paragraphs (h) through 
(k).
0
d. Adding new paragraphs (g), (l), and (n) to read as follows:


Sec.  14.627  Definitions.

* * * * *
    (g) Chief Counsel includes a designee of the Chief Counsel.
* * * * *
    (l) Deputy Chief Counsel includes a designee of the Deputy Chief 
Counsel.
* * * * *
    (n) General Counsel includes the Deputy General Counsel for Legal 
Policy if designated by the General Counsel. When so designated, 
references to ``the General Counsel or his or her designee'' may 
further include a designee of the Deputy General Counsel for Legal 
Policy.
* * * * *

0
3. Amend Sec.  14.629 by:
0
a. Revising the introductory text.
0
b. In paragraph (a)(2)(ii), removing the words ``a Regional Counsel 
with jurisdiction for the State'' and adding, in its place, the words 
``the appropriate District Chief Counsel''.
0
c. In paragraph (b)(1)(i), adding the words ``Office of the'' before 
the words ``General Counsel''.
0
d. In paragraph (b)(1)(ii), adding the words ``Office of the'' before 
all references to ``General Counsel''.
0
e. In paragraph (b)(2)(ix), removing the words ``a VA Regional 
Counsel'' and adding, in their place, the words ``the appropriate 
District Chief Counsel''.
0
f. In paragraph (b)(5) adding the words ``or his or her designee'' 
after the word ``Counsel''.
0
g. In paragraph (c)(1), adding the words ``Office of the'' before the 
words ``General Counsel''.
    The revision reads as follows:


Sec.  14.629  Requirements for accreditation of service organization 
representatives; agents; and attorneys.

    The Chief Counsel with subject-matter jurisdiction will conduct an 
inquiry and make an initial determination regarding any question 
relating to the qualifications of a prospective service organization 
representative, agent, or attorney. If the Chief Counsel determines 
that the prospective service organization representative, agent, or 
attorney meets the requirements for accreditation in paragraphs (a) or 
(b) of this section, notification of accreditation will be issued by 
the Chief Counsel and will constitute authority to prepare, present, 
and prosecute claims before an agency of original jurisdiction or the 
Board of Veterans' Appeals. If the Chief Counsel determines that the 
prospective representative, agent, or attorney does not meet the 
requirements for accreditation, notification will be issued by the 
Chief Counsel concerning the reasons for disapproval, an opportunity

[[Page 26754]]

to submit additional information, and any restrictions on further 
application for accreditation. If an applicant submits additional 
evidence, the Chief Counsel will consider such evidence and provide 
further notice concerning his or her final decision. The determination 
of the Chief Counsel regarding the qualifications of a prospective 
service organization representative, agent, or attorney may be appealed 
by the applicant to the General Counsel. Appeals must be in writing and 
filed with the Office of the General Counsel (022D), 810 Vermont Avenue 
NW., Washington, DC 20420, not later than 30 days from the date on 
which the Chief Counsel's decision was mailed. In deciding the appeal, 
the General Counsel's decision shall be limited to the evidence of 
record before the Chief Counsel. A decision of the General Counsel is a 
final agency action for purposes of review under the Administrative 
Procedure Act, 5 U.S.C. 701-706.
* * * * *


Sec.  14.631   [Amended]

0
4. In Sec.  14.631(d) remove the words ``Regional Counsel of 
jurisdiction'' and add, in their place, the words ``appropriate 
District Chief Counsel''.


Sec.  14.633  [Amended]

0
5. Amend Sec.  14.633 by:
0
a. In paragraph (e), removing all references to ``Assistant General'' 
and adding, in each place, the word ``Chief''.
0
b. In paragraph (e) introductory text, removing the words ``of 
jurisdiction'' and adding in their place, the words ``with subject-
matter jurisdiction''.
0
c. In paragraph (f), removing all references to ``Assistant General'' 
and adding, in each place, the word ``Chief''.
0
d. In paragraph (f), removing the words ``or his or her designee'' and 
adding in their place, the words ``with subject-matter jurisdiction''.

0
6. Amend Sec.  14.636 by:
0
a. In paragraph (i)(2), removing the words ``Assistant General 
Counsel'' and adding, in their place, the words ``Deputy Chief Counsel 
with subject-matter jurisdiction''.
0
b. Revising paragraph (i)(3) to read as follows:


Sec.  14.636  Payment of fees for representation by agents and 
attorneys in proceedings before Agencies of Original Jurisdiction and 
before the Board of Veterans' Appeals.

* * * * *
    (i) * * *
    (3) The Office of the General Counsel shall close the record in 
proceedings to review fee agreements 15 days after the date on which 
the agent or attorney served a response on the claimant or appellant, 
or 30 days after the claimant, appellant, or the Office of the General 
Counsel served the motion on the agent or attorney if there is no 
response. The Deputy Chief Counsel with subject-matter jurisdiction 
may, for a reasonable period upon a showing of sufficient cause, extend 
the time for an agent or attorney to serve an answer or for a claimant 
or appellant to serve a reply. The Deputy Chief Counsel shall forward 
the record and a recommendation to the General Counsel or his or her 
designee for a final decision. Unless either party files a Notice of 
Disagreement with the Office of the General Counsel, the attorney or 
agent must refund any excess payment to the claimant or appellant not 
later than the expiration of the time within which the Office of the 
General Counsel's decision may be appealed to the Board of Veterans' 
Appeals.
* * * * *

0
7. Amend Sec.  14.637 by:
0
a. In paragraph (d)(2) removing the words ``Assistant General Counsel'' 
and adding, in their place, the words ``Deputy Chief Counsel with 
subject-matter jurisdiction''.
0
b. Revising paragraph (d)(3) to read as follows:


Sec.  14.637  Payment of the expenses of agents and attorneys in 
proceedings before Agencies of Original Jurisdiction and before the 
Board of Veterans' Appeals.

* * * * *
    (d) * * *
    (3) The Office of the General Counsel shall close the record in 
proceedings to review expenses 15 days after the date on which the 
agent or attorney served a response on the claimant or appellant, or 30 
days after the claimant, appellant, or the Office of the General 
Counsel served the motion on the agent or attorney if there is no 
response. The Deputy Chief Counsel with subject-matter jurisdiction 
may, for a reasonable period upon a showing of sufficient cause, extend 
the time for an agent or attorney to serve an answer or for a claimant 
or appellant to serve a reply. The Deputy Chief Counsel shall forward 
the record and a recommendation to the General Counsel or his or her 
designee for a final decision. Unless either party files a Notice of 
Disagreement with the Office of the General Counsel, the attorney or 
agent must refund any excess payment to the claimant or appellant not 
later than the expiration of the time within which the Office of the 
General Counsel's decision may be appealed to the Board of Veterans' 
Appeals.
* * * * *
[FR Doc. 2017-11977 Filed 6-8-17; 8:45 am]
BILLING CODE 8320-01-P



                                                                      Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations                                         26751

                                                (42 U.S.C. 4321–4370f), and have                        Chincoteague Channel within 60 yards                   benefits to specifically permit additional
                                                determined that this action is one of a                 of the fireworks display located near the              delegations of authority within the
                                                category of actions that do not                         shoreline at a point on land at                        Office of the General Counsel (OGC),
                                                individually or cumulatively have a                     approximate position latitude 37°55′41″                update the titles of certain individuals
                                                significant effect on the human                         N., longitude 075°23′09″ W. (NAD                       and offices in OGC, and make a minor
                                                environment. This rule involves a safety                1983).                                                 procedural clarification. These
                                                zone lasting less than 15 minutes that                     (c) Regulations. (1) All persons are                amendments are necessary to allow
                                                will prohibit entry within 60 yards of a                required to comply with the general                    OGC to streamline the procedures
                                                point on land immediately adjacent to                   regulations governing safety zones in                  related to representation of claimants
                                                navigable waters located at latitude                    § 165.23.                                              and to ensure correct titles of certain
                                                37°55′41″ N., longitude 075°23′09″ W.                      (2) With the exception of participants,             individuals and offices in OGC are
                                                This action is categorically excluded                   entry into or remaining in this safety                 reflected in the regulations. In addition,
                                                from further review under paragraph                     zone is prohibited unless authorized by                a procedural clarification is being made
                                                34(g) of Figure 2–1 of the Commandant                   the Captain of the Port, Hampton Roads                 by adding a sentence that was
                                                Instruction. A Record of Environmental                  or his designated representatives. All                 inadvertently omitted from a previous
                                                Consideration supporting this                           vessels underway within this safety                    final rule.
                                                determination is available in the docket                zone at the time it is implemented are                 DATES: Effective Date: This rule is
                                                where indicated under ADDRESSES. We                     to depart the zone immediately.                        effective June 9, 2017.
                                                request any comments or information                        (3) The Captain of the Port, Hampton
                                                                                                        Roads or his representative can be                     FOR FURTHER INFORMATION CONTACT:
                                                that may lead to the discovery of a
                                                significant environmental impact from                   contacted at telephone number (757)                    Jonathan Taylor, Benefits Law Group
                                                this rule.                                              668–5555. The Coast Guard and                          Staff Attorney, Office of the General
                                                                                                        designated security vessels enforcing                  Counsel (022), Department of Veterans
                                                G. Protest Activities                                                                                          Affairs, 810 Vermont Avenue NW.,
                                                                                                        the safety zone can be contacted on
                                                  The Coast Guard respects the First                    VHF–FM marine band radio channel 13                    Washington, DC 20420, (202) 461–7699
                                                Amendment rights of protesters.                         (165.65 Mhz) and channel 16 (156.8                     (this is not a toll-free telephone
                                                Protesters are asked to contact the                     Mhz).                                                  number.)
                                                person listed in the FOR FURTHER                           (4) This section applies to all persons             SUPPLEMENTARY INFORMATION:     VA OGC
                                                INFORMATION CONTACT section to                          or vessels wishing to transit through the              is streamlining its procedures related to
                                                coordinate protest activities so that your              safety zone except participants and                    representation of VA claimants because
                                                message can be received without                         vessels that are engaged in the following              of increased and higher-than-anticipated
                                                jeopardizing the safety or security of                  operations:                                            workload. This document amends 38
                                                people, places or vessels.                                 (i) Enforcing laws;                                 CFR part 14 to specifically permit
                                                List of Subjects in 33 CFR Part 165                        (ii) Servicing aids to navigation, and              additional delegations of authority and
                                                                                                           (iii) Emergency response vessels.                   to update titles of OGC positions to
                                                  Harbors, Marine safety, Navigation                       (5) The U.S. Coast Guard may be                     reflect the current organization of OGC.
                                                (water), Reporting and recordkeeping                    assisted in the patrol and enforcement                    Under 38 U.S.C. chapter 59, the VA
                                                requirements, Security measures,                        of the safety zone by Federal, State, and              Secretary has authority to recognize
                                                Waterways.                                              local agencies.                                        attorneys, agents, and Veterans Service
                                                  For the reasons discussed in the                         (d) Enforcement period. This section                Organization (VSO) representatives for
                                                preamble, the Coast Guard amends 33                     will be enforced from 9:30 p.m. through                the preparation, presentation, and
                                                CFR part 165 as follows:                                10:30 p.m. on July 1, 2017, or on July                 prosecution of benefit claims; regulate
                                                                                                        8, 2017, if weather renders the primary                fees charged by accredited attorneys and
                                                PART 165—REGULATED NAVIGATION                           date unsuitable.
                                                AREAS AND LIMITED ACCESS AREAS                                                                                 agents; and prescribe the rules of
                                                                                                          Dated: June 5, 2017.                                 conduct applicable while providing
                                                ■ 1. The authority citation for part 165                Richard J. Wester,                                     claims assistance. In December 2006,
                                                continues to read as follows:                           Captain, U.S. Coast Guard, Captain of the              Congress enacted the Veterans Benefits,
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Port, Hampton Road.                                    Health Care, and Information
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                   [FR Doc. 2017–11989 Filed 6–8–17; 8:45 am]             Technology Act of 2006 (Pub. L. 109–
                                                Department of Homeland Security Delegation              BILLING CODE 9110–04–P
                                                                                                                                                               461), which significantly amended
                                                No. 0170.1.                                                                                                    chapter 59. Section 101 of the Act
                                                ■ 2. Add § 165.T05–0248 to read as                                                                             required VA to: (1) Regulate the
                                                follows:                                                DEPARTMENT OF VETERANS                                 qualifications and standards of conduct
                                                                                                        AFFAIRS                                                applicable to accredited attorneys and
                                                § 165.T05–0248 Safety Zone, Chincoteague                                                                       agents; (2) annually collect information
                                                Channel; Chincoteague Islands, VA.                      38 CFR Part 14                                         about accredited attorneys’ and agents’
                                                  (a) Definitions. For the purposes of                                                                         standing to practice or appear before
                                                this section, Captain of the Port means                 RIN 2900–AP96                                          any court, bar, or Federal or State
                                                the Commander, Sector Hampton Roads.                                                                           agency; (3) proscribe accreditation of
                                                                                                        Expanded Delegation Authority for
                                                Representative means any Coast Guard                                                                           individuals who have been suspended
                                                                                                        Procedures Related to Representation
                                                commissioned, warrant or petty officer                                                                         or disbarred from any such entity
                                                                                                        of Claimants
jstallworth on DSK7TPTVN1PROD with RULES




                                                who has been authorized to act on the                                                                          without reinstatement; (4) add to the list
                                                behalf of the Captain of the Port.                      AGENCY:    Department of Veterans Affairs.             of grounds for suspension or exclusion
                                                Participants mean individuals and                       ACTION:   Final rule.                                  of attorneys or agents from further
                                                vessels involved in the fireworks                                                                              practice before VA; and (5) subject VSO
                                                display.                                                SUMMARY:  The Department of Veterans                   representatives and individuals
                                                  (b) Locations. The following area is a                Affairs (VA) is amending its regulations               recognized for a particular claim to
                                                safety zone: All navigable waters of                    on representation of claimants for VA                  suspension and exclusion from further


                                           VerDate Sep<11>2014   14:27 Jun 08, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\09JNR1.SGM   09JNR1


                                                26752                 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations

                                                practice before VA on the same grounds                  to accredit agents and attorneys for                   Counsel’’ have both been changed to
                                                as apply to attorneys and agents.                       practice before VA. Congress has also                  ‘‘Chief Counsel’’, the previously
                                                   In addition, section 101 amended the                 authorized the Secretary to delegate                   numbered staff groups have been given
                                                fee provisions in chapter 59 to allow                   authority to act and to render decisions               titles based on subject matter (e.g.,
                                                paid representation by accredited                       under the laws administered by VA as                   Benefits Law Group), and the former 23
                                                attorneys and agents at an earlier stage                necessary (38 U.S.C. 512). The                         Regional Counsel Offices have been
                                                in the VA claims adjudication process.                  Secretary, then the Administrator of                   changed to 10 District Chief Counsel
                                                These amendments authorized                             Veterans Affairs, first delegated this                 Offices, two for each of VA’s 5 districts.
                                                accredited attorneys and agents to                      authority for the accreditation program                   Finally, a new sentence providing
                                                charge fees for services provided after                 to the General Counsel in 1954 in a new                that, after an attorney or agent has had
                                                the claimant files a notice of                          38 CFR part 14 (19 FR 5556). This                      an opportunity to respond in
                                                disagreement in the case, rather than                   revised rule permits the General                       proceedings to review expenses and a
                                                after the Board of Veterans’ Appeals                    Counsel and the Deputy General                         claimant or appellant has had an
                                                (Board) first makes a final decision in                 Counsel for Legal Policy, as well as the               opportunity to reply to that response,
                                                the case. The amendments also                           Chief Counsels and Deputy Chief                        the Deputy Chief Counsel will forward
                                                authorized VA to: (1) Restrict the                      Counsels of the specific OGC law groups                the record and a recommendation to the
                                                amount of fees attorneys and agents may                 or districts, to designate others as                   General Counsel (or, as discussed above,
                                                charge; (2) subject fee agreements                      additional individuals who are                         a designee of either the General Counsel
                                                between attorneys or agents and                         authorized to make necessary                           or the Deputy General Counsel for Legal
                                                claimants to review by the Secretary,                   determinations on accreditation matters.               Policy) for a final decision, is being
                                                such review to be appealable to the                     Additionally, with regard to                           added to § 14.637(d)(3). A similar
                                                Board; and (3) collect an assessment                    proceedings to review fee agreements                   sentence was inadvertently omitted
                                                from any attorney or agent to whom VA                   under § 14.636(i) and expenses under                   from the May 22, 2008 final rule,
                                                pays fees directly from past-due                        § 14.637(d), the revised rule transfers                although the procedure was described
                                                benefits. Further, the amendments                       from the Chief Counsel level to the                    in the preamble to the proposed rule (72
                                                eliminated fee matters as grounds for                   Deputy Chief Counsel level the                         FR 25930, 25934), and can be inferred
                                                criminal penalties under 38 U.S.C. 5905.                authority in OGC to (1) initiate a review;             from the regulatory text of the proposed
                                                   On May 22, 2008, VA published a                      (2) extend the time for an agent,                      and final rule (72 FR at 25943; 73 FR at
                                                final rule in the Federal Register (73 FR               attorney, claimant, or appellant to                    29879). This procedure parallels that
                                                29852) to implement the chapter 59                      respond; and (3) make a                                described in 38 CFR 14.636(i)(3)
                                                amendments. The final rule addressed                    recommendation to the General                          regarding review of fee agreements.
                                                accreditation of individuals, standards                 Counsel. These changes will increase
                                                of conduct for all individuals authorized                                                                      Administrative Procedure Act
                                                                                                        the timeliness of the decisions and the
                                                to assist claimants before VA, and                      overall efficiency of VA’s accreditation                  These changes to 38 CFR part 14 are
                                                attorneys’ and agents’ fees. Since the                  program.                                               being published without regard to
                                                2008 amendments, OGC has continued                         In most instances, the revised rule                 notice-and-comment procedures of 5
                                                to develop and fine-tune the                            allows the General Counsel to delegate                 U.S.C. 553(b) because they involve only
                                                accreditation process. OGC’s experience                 authority to the Deputy General Counsel                matters of agency organization,
                                                in administering the accreditation                      for Legal Policy, a Chief Counsel to                   procedure, and practice, which are
                                                program over the past nine years has                    delegate authority to the Deputy Chief                 exempted from such notice-and-
                                                highlighted the need to streamline these                Counsel or another appropriate                         comment procedures by virtue of 5
                                                procedures pertaining to the                            designee, and a Deputy Chief Counsel to                U.S.C. 553(b)(A). This final rule consists
                                                representation of VA claimants.                         delegate authority to another                          of only nonsubstantive changes that
                                                   The workload of the VA’s                             appropriate designee. More broad                       affect internal procedures. For this
                                                accreditation program is at an all-time                 delegation authority is provided for in                reason, in accordance with 5 U.S.C.
                                                high. The number of VA-accredited                       the following cases of the General                     553(d)(3), VA has determined that there
                                                individuals has increased rapidly since                 Counsel’s authority:                                   is good cause to waive the 30-day
                                                the publication of the final rule on May                   1. Under § 14.629(b)(5) to grant or                 delayed effective date requirement
                                                22, 2008. Prior to the June 23, 2008,                   reinstate accreditation for an individual              under 5 U.S.C. 553(d).
                                                effective date of the final rule, licensed              who remains suspended in a
                                                attorneys did not need to apply for                                                                            Executive Orders 12866 and 13563
                                                                                                        jurisdiction on grounds solely derivative
                                                accreditation. Since then, VA has                       of suspension or disbarment in another                    Executive Orders 13563 and 12866
                                                accredited 17,500 attorneys, an average                 jurisdiction to which he or she has been               direct agencies to assess the costs and
                                                of more than 2,000 per year. The                        subsequently reinstated,                               benefits of available regulatory
                                                number of VA-accredited claims agents                      2. Under § 14.636(i)(3) to make the                 alternatives and, when regulation is
                                                has also increased, from 64 to                          final decision in proceedings to review                necessary, to select regulatory
                                                approximately 400. OGC reviews                          fee agreements, and                                    approaches that maximize net benefits
                                                thousands of accreditation applications                    3. Under § 14.637(d)(3) to make the                 (including potential economic,
                                                and cancellation requests each year.                    final decision in proceedings to review                environmental, public health and safety
                                                Additionally, OGC must review                           expenses.                                              effects, and other advantages;
                                                complaints about the conduct of                            This broader delegation authority                   distributive impacts; and equity).
                                                accredited individuals and disputes                     extends to the Deputy General Counsel                  Executive Order 13563 (Improving
jstallworth on DSK7TPTVN1PROD with RULES




                                                about the reasonableness of fees and                    for Legal Policy if he or she has already              Regulation and Regulatory Review)
                                                expenses. Complaints and fee disputes                   been designated by the General Counsel                 emphasizes the importance of
                                                have also increased rapidly since 2008;                 to perform these functions.                            quantifying both costs and benefits,
                                                currently 121 complaints and 193 fee                       Additional revisions are being made                 reducing costs, harmonizing rules, and
                                                disputes are pending with OGC.                          to reflect the recent reorganization of                promoting flexibility. Executive Order
                                                   Under 38 U.S.C. 5904, Congress                       OGC. The former titles of ‘‘Assistant                  12866 (Regulatory Planning and
                                                granted the VA Secretary the authority                  General Counsel’’ and ‘‘Regional                       Review) defines a ‘‘significant


                                           VerDate Sep<11>2014   14:27 Jun 08, 2017   Jkt 241001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\09JNR1.SGM   09JNR1


                                                                      Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations                                          26753

                                                regulatory action’’ requiring review by                 private sector, of $100 million or more                § 14.627   Definitions.
                                                the Office of Management and Budget                     (adjusted annually for inflation) in any               *      *     *    *     *
                                                (OMB), unless OMB waives such                           one year. This rule would have no such                    (g) Chief Counsel includes a designee
                                                review, as ‘‘any regulatory action that is              effect on State, local, and tribal                     of the Chief Counsel.
                                                likely to result in a rule that may: (1)                governments, or on the private sector.                 *      *     *    *     *
                                                Have an annual effect on the economy                                                                              (l) Deputy Chief Counsel includes a
                                                                                                        Paperwork Reduction Act
                                                of $100 million or more or adversely                                                                           designee of the Deputy Chief Counsel.
                                                affect in a material way the economy, a                   This document contains no provisions
                                                                                                        constituting a collection of information               *      *     *    *     *
                                                sector of the economy, productivity,
                                                                                                        under the Paperwork Reduction Act (44                     (n) General Counsel includes the
                                                competition, jobs, the environment,
                                                                                                        U.S.C. 3501–3521).                                     Deputy General Counsel for Legal Policy
                                                public health or safety, or State, local,
                                                                                                                                                               if designated by the General Counsel.
                                                or tribal governments or communities;                   Catalog of Federal Domestic Assistance                 When so designated, references to ‘‘the
                                                (2) create a serious inconsistency or                   Numbers and Titles                                     General Counsel or his or her designee’’
                                                otherwise interfere with an action taken
                                                                                                          There are no Federal Domestic                        may further include a designee of the
                                                or planned by another agency; (3)
                                                materially alter the budgetary impact of                Assistance programs associated with                    Deputy General Counsel for Legal
                                                entitlements, grants, user fees, or loan                this final rule.                                       Policy.
                                                programs or the rights and obligations of                                                                      *      *     *    *     *
                                                                                                        Signing Authority
                                                recipients thereof; or (4) raise novel                                                                         ■ 3. Amend § 14.629 by:
                                                legal or policy issues arising out of legal               The Secretary of Veterans Affairs, or                ■ a. Revising the introductory text.
                                                mandates, the President’s priorities, or                designee, approved this document and                   ■ b. In paragraph (a)(2)(ii), removing the
                                                the principles set forth in this Executive              authorized the undersigned to sign and                 words ‘‘a Regional Counsel with
                                                Order.’’                                                submit the document to the Office of the               jurisdiction for the State’’ and adding, in
                                                   The economic, interagency,                           Federal Register for publication                       its place, the words ‘‘the appropriate
                                                budgetary, legal, and policy                            electronically as an official document of              District Chief Counsel’’.
                                                implications of this regulatory action                  the Department of Veterans Affairs. Gina               ■ c. In paragraph (b)(1)(i), adding the
                                                have been examined and determined                       S. Farrisee, Deputy Chief of Staff,                    words ‘‘Office of the’’ before the words
                                                not to be a significant regulatory action               Department of Veterans Affairs,                        ‘‘General Counsel’’.
                                                under Executive Order 12866. VA’s                       approved this document on June 5,                      ■ d. In paragraph (b)(1)(ii), adding the
                                                impact analysis can be found as a                       2017, for publication.                                 words ‘‘Office of the’’ before all
                                                supporting document at http://                          List of Subjects in 38 CFR Part 14                     references to ‘‘General Counsel’’.
                                                www.regulations.gov, usually within 48                                                                         ■ e. In paragraph (b)(2)(ix), removing
                                                hours after the rulemaking document is                    Administrative practice and                          the words ‘‘a VA Regional Counsel’’ and
                                                published. Additionally, a copy of the                  procedure, Claims, Courts, Foreign                     adding, in their place, the words ‘‘the
                                                rulemaking and its impact analysis are                  relations, Government employees,                       appropriate District Chief Counsel’’.
                                                available on VA’s Web site at http://                   Lawyers, Legal services, Organization                  ■ f. In paragraph (b)(5) adding the words
                                                www.va.gov/orpm/, by following the                      and functions (Government agencies),                   ‘‘or his or her designee’’ after the word
                                                link for ‘‘VA Regulations Published                     Reporting and recordkeeping                            ‘‘Counsel’’.
                                                From FY 2004 Through Fiscal Year to                     requirements, Surety bonds, Trusts and                 ■ g. In paragraph (c)(1), adding the
                                                Date.’’                                                 trustees, Veterans.                                    words ‘‘Office of the’’ before the words
                                                                                                          Dated: June 5, 2017.                                 ‘‘General Counsel’’.
                                                Regulatory Flexibility Act
                                                                                                        Jeffrey Martin,                                           The revision reads as follows:
                                                   The initial and final regulatory                     Office Program Manager, Office of Regulation
                                                flexibility analyses requirements of                    Policy & Management, Office of the Secretary,          § 14.629 Requirements for accreditation of
                                                sections 603 and 604 of the Regulatory                  Department of Veterans Affairs.                        service organization representatives;
                                                Flexibility Act, 5 U.S.C. 601–612, are                                                                         agents; and attorneys.
                                                                                                          For the reasons set forth in the
                                                not applicable to this rule, because a                                                                            The Chief Counsel with subject-matter
                                                                                                        preamble, VA amends 38 CFR part 14 as
                                                notice of proposed rulemaking is not                                                                           jurisdiction will conduct an inquiry and
                                                                                                        follows:
                                                required for this rule. Even so, the VA                                                                        make an initial determination regarding
                                                Secretary hereby certifies that this final              PART 14—LEGAL SERVICES,                                any question relating to the
                                                rule will not have a significant                        GENERAL COUNSEL, AND                                   qualifications of a prospective service
                                                economic impact on a substantial                        MISCELLANEOUS CLAIMS                                   organization representative, agent, or
                                                number of small entities as they are                                                                           attorney. If the Chief Counsel
                                                defined in the Regulatory Flexibility                   ■ 1. The authority citation for part 14                determines that the prospective service
                                                Act. This rule affects only internal VA                 continues to read as follows:                          organization representative, agent, or
                                                OGC procedures. Therefore, pursuant to                    Authority: 5 U.S.C. 301; 28 U.S.C. 2671–             attorney meets the requirements for
                                                5 U.S.C. 605(b), this rulemaking is                     2680; 38 U.S.C. 501(a), 512, 515, 5502, 5901–          accreditation in paragraphs (a) or (b) of
                                                exempt from the initial and final                       5905; 28 CFR part 14, appendix to part 14,             this section, notification of accreditation
                                                regulatory flexibility analysis                         unless otherwise noted.                                will be issued by the Chief Counsel and
                                                requirements of sections 603 and 604.                   ■ 2. Amend § 14.627 by:                                will constitute authority to prepare,
                                                                                                        ■ a. Redesignating paragraphs (l)                      present, and prosecute claims before an
                                                Unfunded Mandates                                                                                              agency of original jurisdiction or the
                                                                                                        through (r) as paragraphs (o) through
jstallworth on DSK7TPTVN1PROD with RULES




                                                   The Unfunded Mandates Reform Act                     (u).                                                   Board of Veterans’ Appeals. If the Chief
                                                of 1995 requires, at 2 U.S.C. 1532, that                ■ b. Redesignating paragraph (k) as                    Counsel determines that the prospective
                                                agencies prepare an assessment of                       paragraph (m).                                         representative, agent, or attorney does
                                                anticipated costs and benefits before                   ■ c. Redesignating paragraphs (g)                      not meet the requirements for
                                                issuing any rule that may result in an                  through (j) as paragraphs (h) through (k).             accreditation, notification will be issued
                                                expenditure by State, local, and tribal                 ■ d. Adding new paragraphs (g), (l), and               by the Chief Counsel concerning the
                                                governments, in the aggregate, or by the                (n) to read as follows:                                reasons for disapproval, an opportunity


                                           VerDate Sep<11>2014   14:27 Jun 08, 2017   Jkt 241001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\09JNR1.SGM   09JNR1


                                                26754                 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations

                                                to submit additional information, and                   date on which the agent or attorney                    appealed to the Board of Veterans’
                                                any restrictions on further application                 served a response on the claimant or                   Appeals.
                                                for accreditation. If an applicant submits              appellant, or 30 days after the claimant,              *    *     *    *    *
                                                additional evidence, the Chief Counsel                  appellant, or the Office of the General                [FR Doc. 2017–11977 Filed 6–8–17; 8:45 am]
                                                will consider such evidence and                         Counsel served the motion on the agent                 BILLING CODE 8320–01–P
                                                provide further notice concerning his or                or attorney if there is no response. The
                                                her final decision. The determination of                Deputy Chief Counsel with subject-
                                                the Chief Counsel regarding the                         matter jurisdiction may, for a reasonable              ENVIRONMENTAL PROTECTION
                                                qualifications of a prospective service                 period upon a showing of sufficient                    AGENCY
                                                organization representative, agent, or                  cause, extend the time for an agent or
                                                attorney may be appealed by the                         attorney to serve an answer or for a                   40 CFR Part 52
                                                applicant to the General Counsel.                       claimant or appellant to serve a reply.
                                                                                                                                                               [EPA–R06–OAR–2014–0497; FRL–9962–47–
                                                Appeals must be in writing and filed                    The Deputy Chief Counsel shall forward
                                                                                                                                                               Region 6]
                                                with the Office of the General Counsel                  the record and a recommendation to the
                                                (022D), 810 Vermont Avenue NW.,                         General Counsel or his or her designee                 Approval and Promulgation of
                                                Washington, DC 20420, not later than 30                 for a final decision. Unless either party              Implementation Plans; Texas Control
                                                days from the date on which the Chief                   files a Notice of Disagreement with the                of Air Pollution From Motor Vehicles
                                                Counsel’s decision was mailed. In                       Office of the General Counsel, the                     With Mobile Source Incentive
                                                deciding the appeal, the General                        attorney or agent must refund any                      Programs
                                                Counsel’s decision shall be limited to                  excess payment to the claimant or
                                                the evidence of record before the Chief                 appellant not later than the expiration of             AGENCY: Environmental Protection
                                                Counsel. A decision of the General                      the time within which the Office of the                Agency (EPA).
                                                Counsel is a final agency action for                    General Counsel’s decision may be                      ACTION: Direct final rule.
                                                purposes of review under the                            appealed to the Board of Veterans’
                                                Administrative Procedure Act, 5 U.S.C.                  Appeals.                                               SUMMARY:    Pursuant to the Federal Clean
                                                701–706.                                                *      *     *    *     *                              Air Act (CAA or the Act), the
                                                *     *     *     *     *                                                                                      Environmental Protection Agency (EPA)
                                                                                                        ■  7. Amend § 14.637 by:                               is approving revisions to the Texas State
                                                § 14.631   [Amended]                                    ■  a. In paragraph (d)(2) removing the                 Implementation Plan (SIP) submitted by
                                                ■  4. In § 14.631(d) remove the words                   words ‘‘Assistant General Counsel’’ and                the State of Texas that pertain to
                                                ‘‘Regional Counsel of jurisdiction’’ and                adding, in their place, the words                      regulations to control air pollution from
                                                add, in their place, the words                          ‘‘Deputy Chief Counsel with subject-                   motor vehicles with mobile source
                                                ‘‘appropriate District Chief Counsel’’.                 matter jurisdiction’’.                                 incentive programs.
                                                                                                        ■ b. Revising paragraph (d)(3) to read as              DATES: This rule is effective on
                                                § 14.633   [Amended]                                                                                           September 7, 2017 without further
                                                                                                        follows:
                                                ■  5. Amend § 14.633 by:                                                                                       notice, unless the EPA receives relevant
                                                ■  a. In paragraph (e), removing all                    § 14.637 Payment of the expenses of                    adverse comment by July 10, 2017. If the
                                                references to ‘‘Assistant General’’ and                 agents and attorneys in proceedings before             EPA receives such comment, the EPA
                                                                                                        Agencies of Original Jurisdiction and
                                                adding, in each place, the word ‘‘Chief’’.                                                                     will publish a timely withdrawal in the
                                                                                                        before the Board of Veterans’ Appeals.
                                                ■ b. In paragraph (e) introductory text,                                                                       Federal Register informing the public
                                                removing the words ‘‘of jurisdiction’’                  *      *     *    *     *                              that this rule will not take effect.
                                                and adding in their place, the words                       (d) * * *                                           ADDRESSES: Submit your comments,
                                                ‘‘with subject-matter jurisdiction’’.                      (3) The Office of the General Counsel               identified by Docket No. EPA–R06–
                                                ■ c. In paragraph (f), removing all                     shall close the record in proceedings to               OAR–2014–0497, at http://
                                                references to ‘‘Assistant General’’ and                 review expenses 15 days after the date                 www.regulations.gov or via email to
                                                adding, in each place, the word ‘‘Chief’’.              on which the agent or attorney served a                pitre.randy@epa.gov. Follow the online
                                                ■ d. In paragraph (f), removing the                     response on the claimant or appellant,                 instructions for submitting comments.
                                                words ‘‘or his or her designee’’ and                    or 30 days after the claimant, appellant,              Once submitted, comments cannot be
                                                adding in their place, the words ‘‘with                 or the Office of the General Counsel                   edited or removed from Regulations.gov.
                                                subject-matter jurisdiction’’.                          served the motion on the agent or                      The EPA may publish any comment
                                                ■ 6. Amend § 14.636 by:                                 attorney if there is no response. The                  received to its public docket. Do not
                                                ■ a. In paragraph (i)(2), removing the                  Deputy Chief Counsel with subject-                     submit electronically any information
                                                words ‘‘Assistant General Counsel’’ and                 matter jurisdiction may, for a reasonable              you consider to be Confidential
                                                adding, in their place, the words                       period upon a showing of sufficient                    Business Information (CBI) or other
                                                ‘‘Deputy Chief Counsel with subject-                    cause, extend the time for an agent or                 information whose disclosure is
                                                matter jurisdiction’’.                                  attorney to serve an answer or for a                   restricted by statute. Multimedia
                                                ■ b. Revising paragraph (i)(3) to read as               claimant or appellant to serve a reply.                submissions (audio, video, etc.) must be
                                                follows:                                                The Deputy Chief Counsel shall forward                 accompanied by a written comment.
                                                § 14.636 Payment of fees for                            the record and a recommendation to the                 The written comment is considered the
                                                representation by agents and attorneys in               General Counsel or his or her designee                 official comment and should include
                                                proceedings before Agencies of Original                 for a final decision. Unless either party              discussion of all points you wish to
jstallworth on DSK7TPTVN1PROD with RULES




                                                Jurisdiction and before the Board of                    files a Notice of Disagreement with the                make. The EPA will generally not
                                                Veterans’ Appeals.                                      Office of the General Counsel, the                     consider comments or comment
                                                *     *     *     *    *                                attorney or agent must refund any                      contents located outside of the primary
                                                  (i) * * *                                             excess payment to the claimant or                      submission (i.e. on the Web, cloud, or
                                                  (3) The Office of the General Counsel                 appellant not later than the expiration of             other file sharing system). For
                                                shall close the record in proceedings to                the time within which the Office of the                additional submission methods, please
                                                review fee agreements 15 days after the                 General Counsel’s decision may be                      contact Mr. Randy Pitre, (214) 665–


                                           VerDate Sep<11>2014   14:27 Jun 08, 2017   Jkt 241001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\09JNR1.SGM   09JNR1



Document Created: 2017-06-09 01:11:37
Document Modified: 2017-06-09 01:11:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective Date: This rule is effective June 9, 2017.
ContactJonathan Taylor, Benefits Law Group Staff Attorney, Office of the General Counsel (022), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-7699 (this is not a toll-free telephone number.)
FR Citation82 FR 26751 
RIN Number2900-AP96
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

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR