82546 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 

shall be accompanied by a certification 

on a form provided by the Collective, 

signed by a duly authorized 

representative of the applicable 

educational institution, stating that the 

Noncommercial Educational Webcaster 

is eligible for the Proxy Fee option 

because of its past and expected future 

usage and, if applicable, has 

implemented measures to ensure that it 

will not make excess Educational 

Transmissions in the future. 

(2) Sample-basis reports. A 

Noncommercial Educational Webcaster 

that did not exceed 160,000 total ATH 

for any individual channel or station for 

more than one calendar month in the 

immediately preceding calendar year 

and that does not expect to exceed 

160,000 total ATH for any individual 

channel or station for any calendar 

month during the applicable calendar 

year may elect to provide reports of use 

on a sample basis (two weeks per 

calendar quarter) in accordance with the 

regulations at § 370.4 of this chapter, 

except that, notwithstanding 

§ 370.4(d)(2)(vi) of this chapter, such an 

electing Noncommercial Educational 

Webcaster shall not be required to 

include ATH or actual total 

performances and may in lieu thereof 

provide channel or station name and 

play frequency. Notwithstanding the 

preceding sentence, a Noncommercial 

Educational Webcaster that is able to 

report ATH or actual total performances 

is encouraged to do so. These reports of 

use shall be submitted to the Collective 

no later than January 31st of the year 

immediately following the year to 

which they pertain. 

(3) Census-basis reports. (i) If any of 

the conditions in paragraphs (d)(3)(i)(A) 

through (C) of this section is satisfied, 

a Noncommercial Educational 

Webcaster must report pursuant to 

paragraph (d)(3) of this section: 

(A) The Noncommercial Educational 

Webcaster exceeded 160,000 total ATH 

for any individual channel or station for 

more than one calendar month in the 

immediately preceding calendar year; 

(B) The Noncommercial Educational 

Webcaster expects to exceed 160,000 

total ATH for any individual channel or 

station for any calendar month in the 

applicable calendar year; or 

(C) The Noncommercial Educational 

Webcaster otherwise does not elect to be 

subject to paragraph (d)(1) or (2) of this 

section. 

(ii) A Noncommercial Educational 

Webcaster required to report pursuant to 

paragraph (d)(3)(i) of this section shall 

provide reports of use to the Collective 

quarterly on a census reporting basis in 

accordance with § 370.4 of this chapter, 

except that, notwithstanding 

§ 370.4(d)(2), such a Noncommercial 

Educational Webcaster shall not be 

required to include ATH or actual total 

performances, and may in lieu thereof 

provide channel or station name and 

play frequency, during the first calendar 

year it reports in accordance with this 

paragraph (d)(3). For the avoidance of 

doubt, after a Noncommercial 

Educational Webcaster has been 

required to report in accordance with 

paragraph (d)(3)(i) of this section for a 

full calendar year, it must thereafter 

include ATH or actual total 

Performances in its reports of use. All 

reports of use under paragraph (d)(3)(i) 

of this section shall be submitted to the 

Collective no later than the 30th day 

after the end of each calendar quarter. 

(e) Server logs. Noncommercial 

Educational Webcasters shall retain for 

a period of no less than three full 

calendar years server logs sufficient to 

substantiate all information relevant to 

eligibility, rate calculation and reporting 

under this subpart. To the extent that a 

third-party Web hosting or service 

provider maintains equipment or 

software for a Noncommercial 

Educational Webcaster and/or such 

third party creates, maintains, or can 

reasonably create such server logs, the 

Noncommercial Educational Webcaster 

shall direct that such server logs be 

created and maintained by said third 

party for a period of no less than three 

full calendar years and/or that such 

server logs be provided to, and 

maintained by, the Noncommercial 

Educational Webcaster. 

(f) Terms in general. Subject to the 

provisions of this subpart, terms 

governing late fees, distribution of 

royalties by the Collective, unclaimed 

funds, record retention requirements, 

treatment of Licensees’ confidential 

information, audit of royalty payments 

and distributions, and any definitions 

for applicable terms not defined in this 

subpart shall be those set forth in 

subpart A of this part. 

Dated October 4, 2024. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2024–23426 Filed 10–10–24; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 14 

RIN 2900–AR94 

Improving Accreditation Process and 

Strengthening Legal Education 

Requirements for Accredited Agents 

and Attorneys 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is proposing to amend its 

regulations concerning accreditation of 

agents (also referred to as ‘‘claims 

agents’’) and attorneys authorized to 

assist claimants with the preparation 

presentation and prosecution of claims 

for VA benefits to strengthen initial and 

continuing legal education (CLE) 

requirements for accredited agents and 

attorneys and to improve the efficiency 

of VA’s process of accrediting agents 

and attorneys and the administration of 

the accreditation program. 

DATES: Comments must be received on 

or before December 10, 2024. 

ADDRESSES: Comments must be 

submitted through www.regulations.gov. 

Except as provided below, comments 

received before the close of the 

comment period will be available at 

www.regulations.gov for public viewing, 

inspection, or copying, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post the comments 

received before the close of the 

comment period on 

www.regulations.gov as soon as possible 

after they have been received. VA will 

not post on Regulations.gov public 

comments that make threats to 

individuals or institutions or suggest 

that the commenter will take actions to 

harm an individual. VA encourages 

individuals not to submit duplicative 

comments; however, we will post 

comments from multiple unique 

commenters even if the content is 

identical or nearly identical to other 

comments. Any public comment 

received after the comment period’s 

closing date is considered late and will 

not be considered in the final 

rulemaking. In accordance with the 

Providing Accountability Through 

Transparency Act of 2023, a plain 

language summary (not more than 100 

words in length) of this proposed rule 

is available at www.regulations.gov, 

under RIN 2900–AR94. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Taylor, Office of the General 

Counsel, (022D), Department of 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 82547 

Veterans Affairs, 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 461– 

7699. (This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: Under 38 

U.S.C. chapter 59, the Secretary of 

Veterans Affairs 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. More specifically, 38 U.S.C. 

5904(a)(2) requires the Secretary of 

Veterans Affairs to establish regulations 

governing the qualifications and 

standards of conduct for agents and 

attorneys. Section 5904(a)(2) sets forth 

minimum qualifications and standards 

to be included in VA regulations, 

serving as a floor on top of which VA 

may prescribe additional conditions, 

qualifications, and standards of 

conduct. 

On May 22, 2008, following the 

enactment of the Veterans Benefits, 

Health Care, and Information 

Technology Act of 2006 (Pub. L. 109– 

461), VA published a final rule in the 

Federal Register (73 FR 29852) that 

addressed accreditation of individuals, 

standards of conduct for all individuals 

authorized to assist claimants before 

VA, and attorneys’ and agents’ fees. 

That rule, in pertinent part, established 

the initial accreditation requirements for 

attorneys and agents as well as the 

ongoing CLE requirement in 38 CFR 

14.629(b). Under the current regulation, 

as part of their initial accreditation 

requirements, attorneys must have a law 

degree, be a member in good standing of 

a State bar, and during the first 12- 

month period following initial 

accreditation, complete 3 hours of Statebar approved CLE training covering 

Veterans benefits law and procedure. As 

part of their initial accreditation 

requirements, agents must pass a 

written examination administered by 

VA, which covers a wide range of topics 

covering the applicant’s knowledge of 

VA benefits and the VA claims 

adjudication process, and complete the 

same CLE training as attorneys. Both 

agents and attorneys must complete 3 

hours of additional CLE training every 

2 years. 

This rulemaking would require 

applicants seeking accreditation as an 

agent or attorney to complete 3 hours of 

qualifying CLE before they become 

accredited and require accredited agents 

and attorneys to annually complete 3 

hours of qualifying CLE. The intended 

effect of this proposed rule is to 

strengthen the current CLE requirements 

to ensure that attorneys and agents 

representing claimants and appellants 

for VA benefits are better qualified to 

provide such representation. 

Since the 2008 final rule, VA’s Office 

of the General Counsel (OGC) has 

continued to develop and fine-tune the 

accreditation process and the 

monitoring of accredited 

representatives. OGC’s experience in 

administering the accreditation program 

over the past 16 years has highlighted 

the need to bolster the CLE 

requirements for accredited agents and 

attorneys as well as ensure that these 

individuals have already received CLE 

regarding Veterans law at the time of 

their accreditation. 

In its August 2013 report, ‘‘VA 

Benefits: Improvements Needed to 

Ensure Claimants Receive Appropriate 

Representation,’’ GAO–13–643, the 

Government Accountability Office 

(GAO) concluded, among other things, 

that current VA regulations do not 

sufficiently ensure that accredited 

representatives have adequate program 

knowledge to effectively assist clients. 

GAO recommended that VA ‘‘explore 

options and take steps to strengthen 

initial and continuing knowledge 

requirements for accreditation for all 

types of representatives.’’ In response to 

and following our own independent 

consideration of this recommendation, 

we are proposing to require applicants 

for accreditation to take 3 hours of CLE 

before applying for accreditation, and 

accredited attorneys and agents to take 

an additional 3 hours of CLE annually. 

This proposed rule would amend 38 

CFR 14.629(b)(1)(iii) to require 

applicants for accreditation to complete 

3 hours of CLE within 6 months prior 

to submitting their application and 

amend 38 CFR 14.629(b)(1)(iv) to 

require that agents and attorneys 

complete an additional 3 hours of 

qualifying CLE on Veterans benefits law 

and procedure not later than 1 year from 

the date of initial accreditation and 

every 1 year thereafter. 

In addition, the proposed rule will 

specifically require that the initial CLE 

include instruction on the VA standards 

of conduct contained in 38 CFR 14.632. 

Section 14.629(b)(1)(iii) provides that 

the qualifying CLE attended taken 

during the first year after accreditation 

‘‘at a minimum, must cover the 

following topics: representation before 

VA, claims procedures, basic eligibility 

for VA benefits, right to appeal, 

disability compensation (38 U.S.C. 

Chapter 11), dependency and indemnity 

compensation (38 U.S.C. Chapter 13), 

and pension (38 U.S.C. Chapter 15).’’ In 

revising this section, we propose to add 

a parenthetical explanation that the 

topic representation before VA includes 

the VA standards of conduct contained 

in 38 CFR 14.632. This proposed 

revision is not a substantive change, but 

rather a change to emphasize the 

importance of this topic for accredited 

individuals. 

Based on our experience in 

administering the accreditation 

program, we believe the proposed 

changes to § 14.629(b)(1)(iii) and (iv) 

would help ensure that claimants for 

VA benefits are represented by qualified 

individuals. 

The next proposed change would 

improve the administration of the 

accreditation program. Current VA 

regulations already impose various 

certification, notification, and selfreporting requirements on accredited 

agents and attorneys, either on an 

annual basis or within 30 days of certain 

specific events. VA believes that 

requiring accredited agents and 

attorneys to provide notice of changes in 

contact information is necessary to 

efficiently administer the accreditation 

program. Therefore, VA is proposing to 

add 38 CFR 14.629(b)(1)(v), requiring 

that agents and attorneys notify the 

Office of the General Counsel within 30 

days, of any changes in contact 

information. 

To improve the efficiency of VA’s 

process of accrediting agents and 

attorneys, VA is proposing to modify the 

information that it collects during the 

application process to include email 

addresses for character references. VA 

proposes to amend 38 CFR 

14.629(b)(2)(viii) to add email addresses 

as part of the information necessary for 

the applicant’s three character 

references. Additionally, VA proposes 

to eliminate requiring the phone 

numbers for the applicant’s three 

character references. 

Next, VA is proposing two changes to 

more accurately reflect the accreditation 

process. First, VA is proposing to revise 

38 CFR 14.629(b)(2)(v), the information 

that it collects about an applicant’s 

mental health, to match the information 

requested on the application form and 

to clarify that this inquiry is focused on 

current conditions and disabilities. 

Current section 14.629(b)(2)(v) requires 

‘‘[i]nformation concerning whether the 

applicant has ever been determined 

mentally incompetent or hospitalized as 

a result of a mental disease or disability, 

or is currently under treatment for a 

mental disease or disability’’; however, 

the information requested on the 

application is whether the applicant has 

any condition or impairment (such as 

substance abuse, alcohol abuse, or a 


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82548 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 

mental, emotional, nervous, or 

behavioral disorder or condition) that in 

any way currently affects, or, if 

untreated or not otherwise actively 

managed, could affect the applicant’s 

ability to represent claimants in a 

competent and professional manner. 

Second, VA proposes to amend 

§ 14.629(b)(2)(ix), which refers to the 

claims agent examination being 

administered by the District Chief 

Counsels in the Office of the General 

Counsel. Because the examination is 

now administered centrally, the 

proposed rule would simply refer to the 

examination being ‘‘administered under 

the supervision of the Office of the 

General Counsel.’’ 

To become an accredited agent, an 

applicant must demonstrate character 

and fitness, and sufficient knowledge of 

VA benefits law. Character and fitness is 

determined by VA after conducting an 

extensive review, and knowledge is 

demonstrated by achieving a passing 

score on a written examination 

administered by VA. Under current 

regulations, VA must first make an 

affirmative determination of character 

and fitness before applicants may sit for 

the examination. Inefficiencies arise 

under the current process whenever VA 

conducts a character and fitness review 

for an applicant who subsequently fails 

the examination. To improve the 

efficiency of the accreditation process, 

we propose to reverse the current order 

of events by administering the claims 

agent examination prior to conducting 

the character and fitness review. 

Reviewing character and fitness for only 

those applicants who have first passed 

the claims agent examination will 

ensure a more efficient allocation of VA 

time and resources. 

This proposed sequence of events is 

similar to how most States process 

applications to become a licensed 

attorney and is necessary because under 

the current process, VA is experiencing 

difficulty keeping pace with the rapidly 

growing pool of applicants seeking 

accreditation as claims agents. 

Accordingly, we propose to amend 38 

CFR 14.629(b)(6) to require that an 

applicant for accreditation as a claims 

agent first pass the written examination 

before VA conducts its character and 

fitness review, and, in conjunction, 

provide that no applicant shall be 

allowed to sit for the examination more 

than twice in any 1-year period and that 

the Office of the General Counsel may 

offer the claims agent examination a 

minimum of twice per calendar year. 

Executive Orders 12866, 13563, and 

14094 

Executive Order 12866 (Regulatory 

Planning and Review) directs agencies 

to assess the costs and benefits of 

available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 (Executive Order on Modernizing 

Regulatory Review) supplements and 

reaffirms the principles, structures, and 

definitions governing contemporary 

regulatory review established in 

Executive Order 12866 of September 30, 

1993 (Regulatory Planning and Review), 

and Executive Order 13563 of January 

18, 2011 (Improving Regulation and 

Regulatory Review). The Office of 

Information and Regulatory Affairs has 

determined that this rulemaking is not 

a significant regulatory action under 

Executive Order 12866, as amended by 

Executive Order 14094. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act (5 U.S.C. 601–612). The 

factual basis for this certification is the 

fact that the proposed rule would 

generally be small business neutral as it 

applies only to applying for and 

maintaining accreditation to represent 

claimants for VA benefits. At a 

minimum, this proposed rule would 

affect the approximately 6,200 attorneys 

and 520 agents currently accredited by 

VA. However, it would not have a 

significant economic impact on these 

individuals because it would impose 

only a requirement for accreditation of 

completing 3 hours of CLE before 

applying and an additional 3 hours of 

CLE annually, the costs of which would 

not be significant. VA estimates the cost 

to an individual attorney or agent to be 

less than $300.00 on average. Therefore, 

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

and final regulatory flexibility analysis 

requirements of 5 U.S.C. 603 and 604 do 

not apply. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

1 year. This proposed rule would have 

no such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This proposed rule includes 

provisions constituting a revision to a 

current/valid collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). The 

revision also requires approval by the 

Office of Management and Budget 

(OMB). Accordingly, under 44 U.S.C. 

3507(d), VA has submitted a copy of 

this rulemaking action to OMB for 

review and approval. 

Comments on the new collection of 

information contained in this 

rulemaking should be submitted 

through www.regulations.gov. 

Comments should be sent within 60 

days of publication of this rulemaking. 

The collection of information associated 

with this rulemaking can be viewed at: 

www.reginfo.gov/public/do/PRAMain. 

OMB is required to make a decision 

concerning the collection of information 

contained in this rulemaking between 

30 and 60 days after publication of this 

rulemaking in the Federal Register. 

Therefore, a comment to OMB is best 

assured of having its full effect if OMB 

receives it within 30 days of 

publication. This does not affect the 

deadline for the public to comment on 

the provisions of this rulemaking. 

The Department considers comments 

by the public on a new collection of 

information in— 

• Evaluating whether the new 

collection of information is necessary 

for the proper performance of the 

functions of the Department, including 

whether the information will have 

practical utility; 

• Evaluating the accuracy of the 

Department’s estimate of the burden of 

the new collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhancing the quality, usefulness, 

and clarity of the information to be 

collected; and 

• Minimizing the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 


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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 82549 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

The revised collection of information 

associated with this rulemaking 

contained in 38 CFR 14.629 is described 

immediately following this paragraph, 

under its respective title. 

Title: Application for Accreditation as 

a Claims Agent or Attorney, Filing of 

Representatives’ Fee Agreements and 

Motions for Review of Such Fee 

Agreements. 

OMB Control No: 2900–0605. 

CFR Provision: 38 CFR 14.629. 

• Summary of collection of 

information: 

(1) Applicants seeking accreditation 

as claims agents or attorneys to 

represent benefits claimants before VA 

must file VA Form 21a with OGC. The 

information requested in VA Form 21a 

includes basic identifying information, 

as well as certain information 

concerning training and experience, 

military service, and employment. 

Along with the VA Form 21a, applicants 

for accreditation must also file a 

certification that they have completed a 

CLE requirement. See 38 U.S.C. 5901; 38 

CFR 14.629(b). 

(2) If accredited agents and attorneys 

wish to maintain accreditation, they 

must file recertifications with OGC that 

they have completed CLE requirements 

and are in good standing with other 

courts, bars, and Federal and State 

agencies. See 38 U.S.C. 5904(a)(2)–(3); 

38 CFR 14.629(b). 

(3) Accredited agents and attorneys 

must file with VA any agreement for the 

payment of fees charged for representing 

claimants before VA. 38 U.S.C. 

5904(c)(2); 38 CFR 14.636(g). 

(4) Claimants, accredited agents, or 

accredited attorneys may request an 

OGC determination on a reasonable fee 

allocation in a given case. If they do, 

OGC will solicit (optional) responses 

from the other parties in the case. 38 

U.S.C. 5904(c)(3); 38 CFR 14.636(i). 

• Description of need for information 

and proposed use of information: 

(1) The information in the VA Form 

21a and the initial CLE certification are 

used by OGC to determine the 

applicant’s eligibility for accreditation 

as a claims agent or attorney. More 

specifically, it is used to evaluate 

qualifications, ensure against conflicts 

of interest, and to establish that 

statutory and regulatory eligibility 

requirements, e.g., good character and 

reputation, are met. 

(2) The information in recertifications 

is used by OGC to monitor whether 

accredited attorneys and agents 

continue to have appropriate character 

and reputation and whether they remain 

fit to prepare, present, and prosecute VA 

benefit claims. 

(3) The information in a fee agreement 

is used by the Veterans Benefits 

Administration (VBA) to associate the 

fee agreement with the claimant’s 

claims file, to potentially determine the 

attorney or agent’s fee eligibility, and to 

potentially process direct payment of a 

fee from the claimant’s past-due 

benefits. It is used by OGC to monitor 

whether the agreement is in compliance 

with laws governing paid 

representation, and to potentially 

review fee reasonableness. 

(4) The information in a request for 

OGC fee review, or a response to such 

request, is used by OGC to determine 

the agents’ or attorneys’ contribution to 

and responsibility for the ultimate 

outcome of the claimant’s claim, so that 

a determination on reasonable fees can 

be rendered. 

• Description of likely respondents: 

Claimants, Attorneys, Agents. 

• Estimated number of respondents: 

34,695. 

(1) For VA Form 21a applications, 

2,280. 

(2) For recertifications, 4,860. 

(3) For fee agreements, 27,250 (750 

first time filers and 26,500 repeat filers). 

(4) For requests for OGC fee review, 

305. 

Total estimated number of 

respondents (2,280, 4,860, 27,250, 305 = 

34,695). 

• Estimated frequency of responses: 

One time. 

• Estimated Completion Time: Varies 

as specified below 

(1) For VA Form 21a applications, 45 

minutes. 

(2) For recertifications, 10 minutes. 

(3) For fee agreements, 1 hour for first 

time filers and 10 minutes for repeat 

filers. 

(4) For requests for OGC fee review, 

2 hours. 

• Total Annual Burden Hours: 8,297 

hours. 

(1) For VA Form 21a applications, 

1,710 hours. 

(2) For recertifications, 810 hours. 

(3) For fee agreements, 5,167 hours 

(750 hours for first time filers and 4,417 

hours for repeat filers). 

(4) For requests for OGC fee review, 

610 hours. 

Total estimated annual burden (1,710 

hours, 810, hours, 5,167 hours, 610 

hours = 8,297 hours). 

• Estimated cost to respondents per 

year: $633,349. 

(1) For VA Form 21a applications, 

$79,845 ($41,360 + $22,666 + $15,819). 

650 initial responses by attorneys .............................................. $84.84 × 487.5 hours (650 × 45 minutes/response) ................. $41,360.00 

960 initial responses by non-attorneys ....................................... $31.48 × 720 hours (960 × 45 minutes/response) .................... 22,666.00 

670 follow-up responses by non-attorneys ................................. $31.48 × 502.5 hours (670 × 45 minutes/response) ................. 15,819.00 

(2) For recertifications, $68,720 (810 

hours × $84.84). 

(3) For fee agreements, $438,368 

(5,167 hours × $84.84). 

(4) For requests for OGC fee review, 

$46,416 ($43,268 + $3,148). 

255 responses by non-claimants ................................................ $84.84 × 510 hours (255 × 120 minutes/response) .................. $43,268.00 

50 responses by claimants ......................................................... $31.48 × 100 hours (50 × 120 minutes/response) .................... 3,148.00 

Total estimated cost to respondents 

per year: ($79,845, $68,720, $438,368, 

$46,416 = $633,349). 

* To estimate the total information 

collection burden cost, VA used the 

May 2023 Bureau of Labor Statistics 

(BLS) average hourly wage codes of 23– 

1011: Lawyers ($84.84) and 00–0000: 

All Occupations ($31.48) to derive 

Paperwork Reduction Act estimates. 

This information is available at https:// 

www.bls.gov/oes/current/oes_nat.htm. 

Please note numbers are subject to 

rounding for VA estimates. 

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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
82550 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved and signed 

this document on October 2, 2024, and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons set out in the 

preamble, the Department of Veterans 

Affairs proposes to amend 38 CFR part 

14 as follows: 

PART 14—LEGAL SERVICES, 

GENERAL COUNSEL, AND 

MISCELLANEOUS CLAIMS 

■ 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. 

■ 2. Amend § 14.629 by: 

■ a. Revising paragraphs (b)(1)(i) 

through (iv). 

■ b. Adding paragraph (b)(1)(v). 

■ c. Revising paragraphs (b)(2)(v), (viii), 

and (ix) and (b)(6). 

The revisions and addition read as 

follows: 

§ 14.629 Requirements for accreditation of 

service organization representatives; 

agents; and attorneys. 

* * * * * 

(b) * * * 

(1) * * * 

(i) For agents, the initial accreditation 

process consists of application to the 

Office of the General Counsel, selfcertification of admission information 

concerning practice before any other 

court, bar, or State or Federal agency, 

self-certification of completion of the 

continuing legal education (CLE) 

requirement of paragraph (b)(1)(iii) of 

this section, an affirmative 

determination of character and fitness 

by VA, and a written examination. 

(ii) For attorneys, the initial 

accreditation process consists of 

application to the Office of the General 

Counsel, self-certification of admission 

information concerning practice before 

any other court, bar, or State or Federal 

agency, self-certification of completion 

of the CLE requirement of paragraph 

(b)(1)(iii) of this section, and a 

determination of character and fitness. 

The Office of the General Counsel will 

presume an attorney’s character and 

fitness to practice before VA based on 

State bar membership in good standing 

unless the Office of the General Counsel 

receives credible information to the 

contrary. 

(iii) As a condition of initial 

accreditation, both agents and attorneys 

are required to complete 3 hours of 

qualifying CLE during the 6-month 

period preceding their application for 

accreditation. To qualify under this 

paragraph (b)(1)(iii), a CLE course must 

be approved for a minimum of 3 hours 

of CLE credit by any State bar 

association and, at a minimum, must 

cover the following topics: 

representation before VA (including 

VA’s standards of conduct contained in 

§ 14.632), claims procedures, basic 

eligibility for VA benefits, right to 

appeal, disability compensation (38 

U.S.C. chapter 11), dependency and 

indemnity compensation (38 U.S.C. 

chapter 13), and pension (38 U.S.C. 

chapter 15). Upon completion of the 

initial CLE requirement, agents and 

attorneys shall certify to the Office of 

the General Counsel in writing that they 

have completed qualifying CLE. Such 

certification shall include the title of the 

CLE, date and time of the CLE, and 

identification of the CLE provider, and 

shall be submitted to VA as part of the 

initial application. 

(iv) To maintain accreditation, agents 

and attorneys are required to complete 

an additional 3 hours of qualifying CLE 

on veterans benefits law and procedure 

not later than 1 year from the date of 

initial accreditation and every 1 year 

thereafter. To qualify under this 

paragraph (b)(1)(iv), a CLE course must 

be approved for a minimum of 3 hours 

of CLE credit by any State bar 

association. Upon completion of the 

post-accreditation CLE requirement, 

agents and attorneys shall certify to the 

Office of the General Counsel in writing 

that they have completed qualifying 

CLE. Such certification shall include the 

title of the CLE, date and time of the 

CLE, and identification of the CLE 

provider, and shall be submitted to VA 

as part of the annual certification 

prescribed by paragraph (b)(4) of this 

section. 

(v) As a further condition of initial 

and continued accreditation, agents and 

attorneys are required to notify the 

Office of the General Counsel within 30 

days of any changes in contact 

information. 

(2) * * * 

(v) Information concerning whether 

the applicant has any condition or 

impairment (such as substance abuse, 

alcohol abuse, or a mental, emotional, 

nervous, or behavioral disorder or 

condition) that in any way currently 

affects, or, if untreated or not otherwise 

actively managed, could affect the 

applicant’s ability to represent 

claimants in a competent and 

professional manner; 

* * * * * 

(viii) The names, addresses, and email 

addresses of three character references; 

(ix) Information relevant to whether 

the applicant for accreditation as an 

agent has any physical limitations that 

would interfere with the completion of 

a comprehensive written examination 

administered under the supervision of 

the Office of the General Counsel 

(agents only); and 

* * * * * 

(6) Applicants for accreditation as a 

claims agent must achieve a score of 75 

percent or more on a written 

examination administered by the Office 

of the General Counsel as a prerequisite 

to accreditation. No applicant shall be 

allowed to sit for the examination more 

than two times in any 1-year period. 

The Office of the General Counsel may 

offer the examination a minimum of 

twice per calendar year. An applicant 

must achieve a passing score on the 

examination before the Office of the 

General Counsel will begin reviewing 

the applicant’s character and fitness for 

practice before the Department. 

* * * * * 

[FR Doc. 2024–23610 Filed 10–10–24; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2023–0647; FRL–12276– 

01–R6] 

Air Plan Approval; Texas; Vehicle 

Inspection and Maintenance Plan for 

Bexar County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Clean Air Act 

(CAA or the Act), the Environmental 

Protection Agency (EPA) is proposing to 

approve revisions to the Texas State 

Implementation Plan (SIP) submitted to 

the EPA by the Texas Commission on 

Environmental Quality (TCEQ or State) 

on December 18, 2023. The SIP 

revisions address Control of Air 

Pollution from Motor Vehicles and 

establish a Motor Vehicle Inspection 

and Maintenance (I/M) program for the 

San Antonio ozone nonattainment area. 

The revisions also update definitions 

and address options for displaying a 


ddrumheller on DSK120RN23PROD with PROPOSALS1