Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23125 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves establishing a special local 

regulation, requiring a permit wherein 

an analysis of the environmental impact 

of the regulations was performed. Under 

figure 2–1, paragraph (34)(h.), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination are not required for this 

rule. 

List of Subjects 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.35T08–0168 to read as 

follows: 

§ 100.35T08–0168 Special Local 

Regulation; Gulfport Lake; Gulfport, MS. 

(a) Regulated Area. The following area 

is a regulated area: Gulfport Lake, 

Gulfport, MS to include all waters 

between an eastern boundary 

represented by positions 30°25′36′′ N, 

089°03′08′′ W to 30°25′26′′ N, 089°03′08′′ 

W, and a western boundary represented 

by positions 30°25′32′′ N, 089°03′59′′ W 

to 30°25′26′′ N, 089°03′59′′ W. 

(b) Enforcement dates. This rule will 

be enforced from 10 a.m. until 6 p.m. on 

May 5, 2012 and May 6, 2012. 

(c) Special Local Regulations. 

(1) The Coast Guard will patrol the 

regulated area under the direction of a 

designated Coast Guard Patrol 

Commander. The Patrol Commander 

may be contacted on Channel 16 VHF– 

FM (156.8 MHz) by the call sign 

‘‘PATCOM’’. 

(2) All Persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the Captain of the Port 

Mobile to patrol the regulated area. 

(3) Spectator vessels desiring to 

transit the regulated area may do so only 

with prior approval of the Patrol 

Commander and when so directed by 

that officer and will be operated at a 

minimum safe navigation speed in a 

manner which will not endanger 

participants in the regulated area or any 

other vessels. 

(4) No spectator shall anchor, block, 

loiter, or impede the through transit of 

participants or official patrol vessels in 

the regulated area during the effective 

dates and times, unless cleared for entry 

by or through an official patrol vessel. 

(5) The patrol commander may forbid 

and control the movement of all vessels 

in the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(6) Any spectator vessel may anchor 

outside the regulated area, but may not 

anchor in, block, or loiter in a navigable 

channel. Spectator vessels may be 

moored to a waterfront facility within 

the regulated area in such a way that 

they shall not interfere with the progress 

of the event. Such mooring must be 

complete at least 30 minutes prior to the 

establishment of the regulated area and 

vessels must remain moored through the 

duration of the event. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) The Patrol Commander will 

terminate enforcement of the special 

local regulations at the conclusion of the 

event. 

(d) Informational Broadcasts. The 

Captain of the Port or a designated 

representative will inform the public 

through broadcast notices to mariners of 

the enforcement period for the regulated 

area as well as any changes in the 

planned schedule. 

Dated: March 27, 2012. 

D.J. Rose, 

Captain, U.S. Coast Guard, Captain of the 

Port Mobile. 

[FR Doc. 2012–9389 Filed 4–17–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0218] 

RIN 1625–AA08 

Special Local Regulation; Tuscaloosa 

Dragon Boat Race; Black Warrior 

River; Tuscaloosa, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for a portion of the Black 

Warrior River, from mile 340.5 to mile 

341.0, Tuscaloosa, AL. This action is 

necessary for the safeguard of 

participants and spectators, including 

all crews, vessels, and persons on 

navigable waters during the Jr. League of 

Tuscaloosa Dragon Boat Races. Entry 

into, transiting or anchoring in this area 

is prohibited to all vessels not registered 

with the sponsor as participants or not 

part of the regatta patrol, unless 

specifically authorized by the Captain of 

the Port (COTP) Mobile or a designated 

representative. 

DATES: This rule is effective and 

enforceable with actual notice from 

11 a.m. until 4 p.m. on April 28, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0218 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0218 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays 

and U.S. Coast Guard Sector Mobile 

(spw), Building 102, Brookley Complex 

South Broad Street Mobile, AL 36615, 

between 8 a.m. and 3:30 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email LT Lenell J. Carson, 

Coast Guard Sector Mobile, Waterways 

Division; telephone 251–441–5940 or 

email Lenell.J.Carson@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

mstockstill on DSK4VPTVN1PROD with RULES

23126 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because there 

is insufficient time to publish a NPRM. 

The Coast Guard received an 

application for a Marine Event Permit 

on March 2, 2012 from the Junior 

League of Tuscaloosa to conduct their 

event on April 28, 2012. After reviewing 

the details of the event and the permit 

application, the Coast Guard determined 

that a special local regulation is needed 

and delaying or foregoing this safety 

measure would be contrary to the public 

interest. The special local regulation is 

needed to safeguard persons and vessels 

from safety hazards associated with the 

Jr. League of Tuscaloosa Dragon Boat 

Races. This event is advertised as 

scheduled and participants, sponsors 

and spectators have planned for the 

event. It would be impracticable and 

unnecessary to reschedule the planned 

and advertised event in order to 

complete the NPRM process. 

For the same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days notice before 

the effective date after publication in the 

Federal Register. The Coast Guard 

received an application for a Marine 

Event Permit on March 2, 2012 from the 

Junior League of Tuscaloosa to conduct 

their event on April 28, 2012. Delaying 

the effective date would be 

impracticable and would unnecessarily 

delay the event. Immediate action is 

needed to protect persons and vessels 

from safety hazards associated with the 

Jr. League of Tuscaloosa Dragon Boat 

Races. 

Basis and Purpose 

The Junior League of Tuscaloosa is 

sponsoring a Dragon Boat Race on the 

Black Warrior River. The introduction of 

Dragon Boats into a commercially 

transited river system poses significant 

safety hazards to both the Dragon Boat 

racers and the commercial vessels. The 

COTP Mobile is establishing a 

temporary special local regulation for a 

portion of the Black Warrior River, 

Tuscaloosa, AL, to safeguard persons 

and vessels during the Dragon Boat 

races. 

The COTP anticipates minimal impact 

on vessel traffic due to this regulation. 

However, this special local regulation is 

deemed necessary to safeguard life and 

property within the COTP Mobile zone. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary special local regulation for a 

portion of the Black Warrior River from 

mile 340.5 to mile 341.0, Tuscaloosa, 

AL. This temporary rule will safeguard 

life and property in this area. Entry into, 

transiting or anchoring in this zone is 

prohibited to all vessels not registered 

with the sponsor as participants or not 

part of the regatta patrol, unless 

specifically authorized by the COTP 

Mobile or a designated representative. 

They may be contacted on VHF–FM 

Channel 16 or through Coast Guard 

Sector Mobile at 251–441–5976. 

The COTP Mobile or a designated 

representative will inform the public 

through broadcast notice to mariners of 

changes in the effective period for the 

special local regulation. This rule is 

effective from 11 a.m. until 4 p.m. on 

April 28, 2012. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

The special local regulation listed in 

this rule will only restrict vessel traffic 

from entering, transiting, or anchoring 

within a small portion of the Black 

Warrior River, Tuscaloosa, AL. The 

effect of this regulation will not be 

significant for several reasons: (1) This 

rule will only affect vessel traffic for a 

short duration; (2) vessels may request 

permission from the COTP to transit 

through the regulated area; and (3) the 

impacts on routine navigation are 

expected to be minimal. Notifications to 

the marine community will be made 

through broadcast notice to mariners. 

These notifications will allow the public 

to plan operations around the regulated 

area. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

affected portions of the Black Warrior 

River, Tuscaloosa, AL during the Dragon 

Boat Races. This special local regulation 

will not have a significant economic 

impact on a substantial number of small 

entities for the following reasons. The 

zone is limited in size, is of short 

duration and vessel traffic may request 

permission from the COTP Mobile or a 

designated representative to enter or 

transit through the regulated area. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This calls for no new collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23127 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INTFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves establishing a special local 

regulation, requiring a permit wherein 

an analysis of the environmental impact 

of the regulations was performed. Under 

figure 2–1, paragraph (34)(h), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination are not required for this 

rule. 

List of Subjects 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100–-SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.35T08–0218 to read as 

follows: 

§ 100.35T08–0218 Special Local 

Regulation; Black Warrior River; 

Tuscaloosa, AL. 

(a) Regulated Area. The following area 

is a regulated area: A portion of the 

Black Warrior River, from mile 340.5 to 

mile 341, Tuscaloosa, AL. 

(b) Enforcement dates. This rule will 

be enforced from 11 a.m. until 4 p.m. on 

April 28, 2012. 

(c) Special Local Regulations. 

(1) The Coast Guard will patrol the 

regulated area under the direction of a 

designated Coast Guard Patrol 

Commander. The Patrol Commander 

may be contacted on Channel 16 VHF– 

FM (156.8 MHz) by the call sign 

‘‘PATCOM’’. 

(2) All Persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the Captain of the Port 

Mobile to patrol the regulated area. 

(3) Spectator vessels desiring to 

transit the regulated area may do so only 

with prior approval of the Patrol 

Commander and when so directed by 

that officer and will be operated at a 

minimum safe navigation speed in a 

manner which will not endanger 

participants in the regulated area or any 

other vessels. 

(4) No spectator shall anchor, block, 

loiter, or impede the through transit of 

participants or official patrol vessels in 

the regulated area during the effective 

dates and times, unless cleared for entry 

by or through an official patrol vessel. 

(5) The patrol commander may forbid 

and control the movement of all vessels 

in the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(6) Any spectator vessel may anchor 

outside the regulated area, but may not 

anchor in, block, or loiter in a navigable 

channel. Spectator vessels may be 

moored to a waterfront facility within 

the regulated area in such a way that 

they shall not interfere with the progress 

of the event. Such mooring must be 

complete at least 30 minutes prior to the 

establishment of the regulated area and 

remain moored through the duration of 

the event. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) The Patrol Commander will 

terminate enforcement of the special 

local regulations at the conclusion of the 

event. 

(d) Informational Broadcasts. The 

Captain of the Port or a designated 

representative will inform the public 

through broadcast notices to mariners of 

mstockstill on DSK4VPTVN1PROD with RULES

23128 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

the enforcement period for the regulated 

area as well as any changes in the 

planned schedule. 

Dated: March 27, 2012. 

D.J. Rose, 

Captain, U.S. Coast Guard, Captain of the 

Port Mobile. 

[FR Doc. 2012–9375 Filed 4–17–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 3 and 20 

RIN 2900–AO43 

Rules Governing Hearings Before the 

Agency of Original Jurisdiction and the 

Board of Veterans’ Appeals; Repeal of 

Prior Rule Change 

AGENCY: Department of Veterans Affairs. 

ACTION: Direct final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is taking final action to 

amend its hearing regulations to repeal 

a prior amendment that specified that 

the provisions regarding hearings before 

the Agency of Original Jurisdiction 

(AOJ) do not apply to hearings before 

the Board of Veterans’ Appeals (Board). 

This action is being taken because of 

VA’s decision that the prior amendment 

should have followed the notice-andcomment procedure of the 

Administrative Procedure Act (APA). 

DATES: This rule is effective June 18, 

2012, without further notice, unless VA 

receives a significant adverse comment 

by May 18, 2012. If adverse comment is 

received, VA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Written comments may be 

submitted through 

www.Regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave. 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AO43—Rules Governing Hearings 

Before the Agency of Original 

Jurisdiction and the Board of Veterans’ 

Appeals; Repeal of Prior Rule Change.’’ 

Copies of comments received will be 

available for public inspection in the 

Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m. Monday 

through Friday (except holidays). Please 

call (202) 461–4902 for an appointment 

(this is not a toll-free number). In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Laura H. Eskenazi, Principal Deputy 

Vice Chairman, Board of Veterans’ 

Appeals (01C2), Department of Veterans 

Affairs, 810 Vermont Avenue NW., 

Washington, DC 20420, (202) 632–4603. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On August 

23, 2011, VA issued a final rule, ‘‘Rules 

Governing Hearings Before the Agency 

of Original Jurisdiction and the Board of 

Veterans’ Appeals; Clarification,’’ 76 FR 

52572 (RIN 2900–AO06), revising VA’s 

regulations to specify that the 

provisions governing hearings in 38 CFR 

3.103 only apply to hearings conducted 

before the AOJ and that the provisions 

in part 20 govern hearings before the 

Board. The revision was made because 

of a decision by the United States Court 

of Appeals for Veterans Claims (Court) 

in Bryant v. Shinseki, 23 Vet. App. 488 

(2010), which applied the provisions of 

§ 3.103(c)(2) to a Board hearing. The 

Bryant Court held that the provisions of 

§ 3.103(c)(2) require a ‘‘Board hearing 

officer’’ to ‘‘fully explain the issues still 

outstanding that are relevant and 

material to substantiating the claim’’ 

and to ‘‘suggest that a claimant submit 

evidence on an issue material to 

substantiating the claim when the 

record is missing any evidence on that 

issue or when the testimony at the 

hearing raises an issue for which there 

is no evidence in the record.’’ Id. at 

496–97. 

RIN 2900–AO06, among other things, 

altered the language upon which the 

Bryant Court relied. VA has determined 

that RIN 2900–AO06 should have 

followed the notice-and-comment 

procedure of 5 U.S.C. 553(b) and (c) of 

the APA. Accordingly, in this directfinal rule, VA is repealing the 

amendments made by RIN 2900–AO06. 

Based on the rationale set forth in this 

preamble, VA amends, in part 3, 

§ 3.103(a) and (c)(1), and, in part 20, 

§ 20.706 and Appendix A, to return the 

regulations to the language in effect 

before August 23, 2011. 

Administrative Procedure Act 

VA believes this rule is noncontroversial, anticipates that this rule 

will not result in any significant adverse 

comment, and therefore is issuing it as 

a direct final rule. 

For purposes of the direct final 

rulemaking, a significant adverse 

comment is one that explains why the 

rule would be inappropriate, including 

challenges to the rule’s underlying 

premise or approach, or why it would 

be ineffective or unacceptable without a 

change. In determining whether an 

adverse comment is significant and 

warrants withdrawing a direct final rule, 

we will consider whether the comment 

raises an issue serious enough to 

warrant a substantive response in a 

notice-and-comment process in 

accordance with section 553 of the APA 

(5 U.S.C. 553). Comments that are 

frivolous, insubstantial, or outside the 

scope of the rule will not be considered 

adverse under this procedure. For 

example, a comment recommending an 

additional change to the rule will not be 

considered a significant comment 

unless the comment states why the rule 

would be ineffective without the 

additional change. 

Under direct final rule procedures, if 

no significant adverse comment is 

received within the comment period, 

the rule will become effective on the 

date specified above. After the close of 

the comment period, VA will publish a 

document in the Federal Register 

indicating that no significant adverse 

comment was received and confirming 

the effective date of the rule. 

However, if any significant adverse 

comment is received, VA will publish in 

the Federal Register a notice 

acknowledging receipt of a significant 

adverse comment and withdrawing the 

direct final rule. We will then publish 

in the Federal Register a proposed rule 

document, which will be substantially 

identical to this direct final rule and 

will serve as a proposal for the 

amendments in this direct final rule. 

Any comments received in response to 

the direct final rule will be treated as 

comments regarding the proposed rule. 

VA will consider such comments in 

developing a subsequent final rule. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this regulatory amendment will not 

have a significant economic impact on 

a substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. This 

rulemaking will not directly affect any 

small entities. Only VA beneficiaries 

will be directly affected. Therefore, 

pursuant to 5 U.S.C. 605(b), this 

amendment is exempt from the initial 

and final regulatory flexibility analysis 

requirements of sections 603 and 604. 

mstockstill on DSK4VPTVN1PROD with RULES