[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Rules and Regulations]
[Pages 33850-33851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16642]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 1

RIN 2900-AI32


Reestablishing Rulemaking Procedures; Public Participation in 
Regulatory Development

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: In a document published in the Federal Register on March 20, 
1996 (61 FR 11309), the Department of Veterans Affairs (VA) amended 38 
CFR Part 1 by promulgating a final rule that included the elimination 
of Sec. 1.12. The provisions of Sec. 1.12 set forth a policy statement 
concerning prior notice-and-comment for rulemaking. Judicial review of 
VA's action eliminating Sec. 1.12 has been sought on the basis that 
such action did not comply with notice-and-comment provisions. While we 
believe such a position is not legally correct, we are by this document 
reestablishing Sec. 1.12, and, in a companion document published in the 
Proposed Rules section of this issue of the Federal Register, proposing 
to eliminate Sec. 1.12. This will provide interested parties an 
opportunity to provide comments concerning this matter, thus mooting 
the pending litigation.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT: Thomas O. Gessel, Director, Office of 
Regulations Management (02D), Office of General Counsel, Department of 
Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, (202) 
273-8605.

SUPPLEMENTARY INFORMATION: This final rule merely concerns VA policy. 
Accordingly, in accordance with the provisions of 5 U.S.C. 553, it is 
promulgated without notice-and-comment and without a delayed effective 
date.
    No notice of proposed rulemaking was required in connection with 
this rulemaking action. Accordingly, no regulatory flexibility analysis 
is required under the Regulatory Flexibility Act (5 U.S.C. 601-612). 
Nevertheless, the Secretary of Veterans Affairs certifies that this 
rule would not have a significant economic impact on a substantial 
number of small entities as they are defined in the Regulatory 
Flexibility Act. This rule will not have a direct effect on small 
entities.
    There is no Catalog of Federal Domestic Assistance program number.

List of Subjects in 38 CFR Part 1

    Administrative practice and procedure, Archives and records, 
Cemeteries, Claims, Courts, Flags, Freedom of information, Government 
contracts, Government employees, Government property, Infants and 
children, Inventions and patents, Investigations, Parking, Penalties, 
Postal Service, Privacy, Reporting and recordkeeping requirements, 
Seals and insignia, Security measures, Wages.

    Approved: June 21, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 1 is amended 
as set forth below:

PART 1--GENERAL PROVISIONS

    1. The authority citation for part 1 continues to read as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.

    2. An undesignated center heading and section 1.12 are added to 
read as follows:

Public Participation


Sec. 1.12   Public participation in regulatory development.

    It is the policy of the Department of Veterans Affairs to afford 
the public general notice, published in the Federal Register, of 
proposed regulatory development, and an opportunity to participate in 
the regulatory development in accordance with the provisions of the 
Administrative

[[Page 33851]]

Procedure Act (APA). All written comments received will be available 
for public inspection. Exceptions to the policy of permitting public 
participation in the regulatory development may be authorized by the 
Secretary or one of the Secretary's deputies if adequately justified 
and concurred in by the General Counsel. Such exceptions, unless public 
comment is required by statute, may be recommended when:
    (a) The proposed regulations consist of interpretative rules, 
general statements of policy, or rules of Department of Veterans 
Affairs organization, procedure, or practice, or
    (b) When the Department of Veterans Affairs for good cause finds 
(and incorporates the finding and a brief statement of reasons therefor 
in the rules issued) that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.

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

[FR Doc. 96-16642 Filed 6-28-96; 8:45 am]
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