Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations 29027

policy is not a prerequisite for placing

a policy under the protection of the Act.

[FR Doc. 96–14367 Filed 6–6–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 8a

RIN 2900–AH54

Veterans Mortgage Life Insurance

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

regulations relating to Veterans

Mortgage Life Insurance (VMLI) by

eliminating regulations that merely

restate statutory provisions; and by

deleting provisions that have no legal

effect.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT:

George Poole, Chief, Insurance Program

Administration, Department of Veterans

Affairs Regional Office and Insurance

Center, PO Box 8079, Philadelphia, PA

19101, (215) 951–5718.

SUPPLEMENTARY INFORMATION: The

Insurance Service of the Veterans

Benefits Administration has determined

that various regulations relating to VMLI

are merely restatements of statutory

provisions. Since they are redundant,

they are unnecessary and may be

eliminated.

This final rule consists of

nonsubstantive changes and, therefore,

is not subject to the notice-andcomment and effective-date provisions

of 5 U.S.C. 553. The Secretary of

Veterans Affairs 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, 5 U.S.C. 601–612. This final rule

will not affect any entity since it does

not contain any substantive provisions.

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.

The Catalog of Federal Domestic

Assistance Program number for these

regulations is 64.103.

List of Subject in 38 CFR Part 8a

Mortgage insurance, Veterans.

Approved: May 31, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 8a is amended as

set forth below:

PART 8a—VETERANS MORTGAGE

LIFE INSURANCE

1. The authority citation for part 8a is

revised to read as follows:

Authority: 38 U.S.C. 501, and 2101 through

2106, unless otherwise noted.

§§ 8a.5 through 8a.7 [Removed]

2. Sections 8a.5 through 8a.7 are

removed.

§ 8a.1 [Amended]

3. In § 8a.1, paragraphs (a) and (b) are

removed; paragraphs (c), (d), (e), (f) and

(g) are redesignated as paragraphs (a),

(b), (c), (d) and (e) respectively; newly

redesignated paragraph (b) is amended

by adding ‘‘(VMLI)’’ after ‘‘Veterans

Mortgage Life Insurance’’; and newly

redesignated paragraph (e)(3) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 8a.2 [Amended]

4. In § 8a.2, paragraph (a), is a

amended by removing ‘‘Veterans

Mortgage Life Insurance (VMLI)’’ and

adding, in its place, ‘‘VMLI’’; paragraph

(a) is further amended by removing

‘‘8a.4(b) of this title, the amount of

Veterans Mortgage Life Insurance’’ and

adding, in its place, ‘‘8a.4(a) the amount

of VMLI’’; paragraph (b)(4) is amended

by removing, ‘‘purchased or adapted in

part with a grant, or subsequently

acquired housing unit’’; in paragraph

(b)(6) the first sentence is removed; and

paragraphs (b)(4), (b)(6), (b)(8) and (c)

are amended by removing ‘‘Veterans

Mortgage Life Insurance’’ each time and

adding, in its place, ‘‘VMLI’’.

§ 8a.3 [Amended]

5. In § 8a.3, paragraphs (a), (b), (c),

and (e) are amended by removing

‘‘Veterans Mortgage Life Insurance’’

each time and adding, in its place,

‘‘VMLI’’.

§ 8a.4 [Amended]

6. In § 8a.4, paragraph (a) is removed;

paragraphs (b), (c) and (d) are

redesignated as paragraph (a), (b) and (c)

respectively; and newly redesignated

paragraphs (a) and (c) are amended by

removing ‘‘Veterans Mortgage Life

Insurance’’ each time and adding, in its

place, ‘‘VMLI’’.

[FR Doc. 96–14366 Filed 6–6–96; 8:45 am]

BILLING CODE 8320–01–P

38 CFR Part 20

RIN 2900–AI15

Rules of Practice: Elimination of

Unnecessary Provisions Relating to

Representation, Witnesses, and

Access to Board Records

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Rules of Practice for the Board of

Veterans’ Appeals (Board) to eliminate

unnecessary provisions concerning

individuals who may assist an attorney

in presenting evidence and argument at

the Board, concerning testimony from

members of Congress and Congressional

staffs, and concerning Board records.

The Board adjudicates appeals of

denials of claims for veterans’ benefits.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT:

Steven L. Keller, Chief Counsel, Board

of Veterans’ Appeals, Department of

Veterans Affairs, 810 Vermont Avenue,

NW., Washington, DC 20420 (202–565–

5978).

SUPPLEMENTARY INFORMATION: This

document eliminates from the Board’s

Rules of Practice provisions which are

no longer necessary.

In § 20.606, relating to legal interns,

law students and paralegals, former

paragraph (a) is deleted. Previously, that

paragraph limited to two the number of

such individuals who may assist an

attorney in presenting evidence and

argument at the Board. Particularly with

the limitation in former paragraph (d) of

§ 20.606—which limits to two the

number of such individuals who may

make a presentation at a hearing and

permits the presiding Member to limit

participation at a hearing—we do not

believe the limitation in paragraph (a) is

needed. New paragraph (d) (former

paragraph (e)) is amended to provide

that a presiding Member of a hearing—

as well as the Chairman—may withdraw

permission for a legal intern, law

student or paralegal to prepare and

present cases before the Board if the

individual demonstrates incompetence,

unprofessional conduct, or interference

with the appellate process.

Section 20.710, relating to witnesses

at hearings, is rewritten to delete

specific instructions that Members of

Congress and Congressional staff may

testify at a hearing, and to delete the

extensive discussion of the nature of an

affirmation (as opposed to an oath). We

do not believe either provision is

necessary.

Section 20.1300, relating to access to

Board records, is rewritten to limit its
29028 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations

applicability to removal of Board

records. Previous paragraphs (b) through

(e) restate statutory and other regulatory

provisions regarding access to records

which we believe are unnecessary in the

Board’s Rules of Practice.

This final rule concerns agency

procedure or practice and,

consequently, pursuant to 5 U.S.C. 553,

is exempt from notice and comment

requirements.

The 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, 5 U.S.C. 601–612. This rule will

affect VA beneficiaries and will not

affect small businesses. Therefore,

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

rule is exempt from the initial and final

regulatory flexibility analyses

requirements of §§ 603 and 604.

List of Subjects in 38 CFR Part 20

Administrative practice and

procedure, Claims, Lawyers, Legal

services, Veterans.

Approved: May 31, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 20 is amended as

set forth below:

PART 20—BOARD OF VETERANS’

APPEALS: RULES OF PRACTICE

1. The authority citation for part 20

continues to read as follows:

Authority: 38 U.S.C. 501(a).

Subpart G—Representation

§ 20.606 [Amended]

2. In § 20.606, paragraph (a) is

removed; and paragraphs (b), (c), (d) and

(e) are redesignated as paragraphs (a),

(b), (c) and (d), respectively.

3. In § 20.606, newly redesignated

paragraph (c) is amended by removing

‘‘paragraph (b)’’ in the fourth sentence

and adding, in its place, ‘‘paragraph (a)’’

4. In § 20.606, newly redesignated

paragraph (d) is amended by adding ‘‘or

presiding Member’’ immediately

following ‘‘Chairman’’ in the last

sentence.

Subpart H—Hearings on Appeal

5. Section 20.710 is revised to read as

follows:

§ 20.710 Rule 710. Witnesses at hearings.

The testimony of witnesses, including

appellants, will be heard. All testimony

must be given under oath or affirmation.

Oath or affirmation is not required for

the sole purpose of presenting

contentions and argument.

Authority: 38 U.S.C. 7102, 7105(a), 7107.

Subpart N—Miscellaneous

6. Section 20.1300 is revised to read

as follows:

§ 20.1300 Rule 1300. Removal of Board

records.

No original record, paper, document

or exhibit certified to the Board may be

taken from the Board except as

authorized by the Chairman or except as

may be necessary to furnish copies or to

transmit copies for other official

purposes.

Authority: 38 U.S.C. 5701.

[FR Doc. 96–14364 Filed 6–6–96; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AH64

Post-Vietnam Era Veterans’

Educational Assistance: Miscellaneous

AGENCIES: Department of Defense and

Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

regulations concerning the Post-Vietnam

Era Veterans’ Educational Assistance

Program (VEAP). It removes provisions

that are obsolete, duplicative, or

otherwise unnecessary. It also makes

changes for purposes of clarification.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 202–273–7187.

SUPPLEMENTARY INFORMATION: The

regulations governing VEAP are set forth

in 38 CFR Part 21, Subpart G (see 38

CFR 21.5001 through 21.5300). This

document amends these regulations as

discussed below.

Section 21.5001 is revised to specify

delegations of authority to various

employees to make decisions

concerning claims for benefits under

VEAP. Previously these delegations

were included by incorporation by

reference.

Section 21.5020 is revised by referring

readers to applicable statutory

provisions instead of restating the

statutory provisions.

Section 21.5021 is amended to correct

a typographical error.

Section 21.5022 is amended to update

information concerning the relationship

between VEAP benefits and other

benefit programs.

Section 21.5040 contained a

paragraph that required each person

who was eligible for educational

assistance under both the Vietnam Era

GI Bill and VEAP to elect under which

program he or she wished to receive

benefits. These provisions are removed.

Since the Vietnam Era GI Bill has

expired, no one is eligible under both

programs. However, if such an election

was made in the past, it remains

irrevocable by statute (see 38 U.S.C.

3221(f)).

Section 21.5058 is amended by

removing a reference to § 21.4703, since

§ 21.4703 was removed by another

Federal Register document. Also, the

reference to § 21.4703 is replaced by a

reference to the corresponding statutory

provision.

Section 21.5060 contained material

concerning disenrollment from VEAP by

individuals who instead chose to

participate in the Vietnam Era GI Bill.

Since individuals can no longer do that,

the material is removed.

Section 21.5064 contained provisions

concerning an officer adjustment

benefit. Eligibility can no longer be

established for this benefit. Therefore,

this material is obsolete and is removed.

Section 21.5074 contained provisions

for reducing the monthly payment made

to a VEAP participant who has

excessive absences during that month.

Due to a statutory change, these

provisions applied only to absences

occurring prior to December 18, 1989.

Consequently, this section is obsolete

and is removed.

Section 21.5100 is amended by

replacing obsolete authority citations

with current citations.

Section 21.5103 is amended by

removing obsolete rules concerning

when travel connected with counseling

will be reimbursed by the Department of

Veterans Affairs (VA), and replacing

those rules with a reference to the

sections of the U.S. Code that govern

these reimbursements.

Section 21.5130 contained statements

as to which of several regulations

governing payments of educational

assistance VA will apply to the

payments of educational assistance

under VEAP. This section is revised to

eliminate references to sections and

paragraphs that no longer exist.

Section 21.5132 is amended by

removing provisions that are no longer

necessary because they applied only to

payments that have already been made.