[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Rules and Regulations]
[Page 11309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6496]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 1
RIN 2900-AH84
Rulemaking Procedures
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the ``General Provisions'' in 38 CFR Part
1 by removing Secs. 1.12 and 1.551. The regulatory history of Sec. 1.12
indicates that, despite a statutory exemption, VA intended to self-
impose the notice-and-comment provisions of 5 U.S.C. 553 on VA
rulemaking concerning public property, loans, grants, benefits, or
contracts (see 37 FR 3552, Feb. 17, 1972). Subsequent to the
promulgation of Sec. 1.12, statutory provisions were established that
specifically applied the public notice-and-comment provisions of 5
U.S.C. 553 to VA rulemaking concerning ``loans, grants, or benefits''
(see 38 U.S.C. 501(d)). These statutory provisions did not impose the
same notice-and-comment provisions for rulemaking concerning public
property or contracts. In our view, notice-and-comment requirements for
rulemaking concerning public property and contracts should only be
those imposed by statute. Also, there is no need to retain the
provisions of Sec. 1.551. In large part Sec. 1.551 merely contained
restatements of 5 U.S.C. 552. In addition, Sec. 1.551 contained
internal instructions to agency components which were not required to
be promulgated as rules.
EFFECTIVE DATE: March 20, 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)
565-7625.
SUPPLEMENTARY INFORMATION: This final rule merely reflects VA policy.
Accordingly, it is promulgated without regard to the notice-and-comment
and effective-date provisions of 5 U.S.C. 553.
Because no notice of proposed rulemaking was required in connection
with the adoption of this final rule, no regulatory flexibility
analysis is required under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
There is no Catalog of Federal Domestic Assistance program number.
List of Subjects in 38 CFR Part 1
Administrative practice and procedure, Claims, Freedom of
information, Government contracts, Government employees, Government
property, Reporting and recordkeeping requirements.
Approved: March 8, 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.
Secs. 1.12 and 1.55 [Removed]
2. Sections 1.12 and 1.551 are removed.
[FR Doc. 96-6496 Filed 3-19-96; 8:45 am]
BILLING CODE 8320-01-P
