[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11759]
[[Page Unknown]]
[Federal Register: May 16, 1994]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AG46
Disease Subject To Presumptive Service Connection (Cancer of the
Urinary Tract)
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) has amended its
adjudication regulations concerning presumptive service connection for
certain diseases resulting from exposure to ionizing radiation during
military service. Congress has added cancer of the urinary tract to the
list of radiogenic conditions for which presumptive service connection
is authorized, but did not indicate which entities it considers part of
the urinary tract. This amendment is intended to define the term
``urinary tract'' for VA purposes.
EFFECTIVE DATE: October 1, 1992.
FOR FURTHER INFORMATION CONTACT: Caroll McBrine, M.D., Consultant,
Regulations Staff, Compensation and Pension Service, Veterans Benefits
Administration, (202) 233-3005.
SUPPLEMENTARY INFORMATION: VA published in the Federal Register of
October 5, 1993 (58 FR 51798-99) a proposed amendment to 38 CFR
3.309(d) to define the term ``urinary tract'' for purposes of
implementing the presumption of service connection for urinary tract
cancers based on exposure to ionizing radiation established in the
Radiation Exposure Amendments of 1992, Public Law 102-578. Interested
parties were invited to submit written comments on or before November
4, 1993. Since no comments were received on the proposed rule, the
final rule is adopted as proposed, effective October 1, 1992, the date
provided by Public Law 102-578.
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 (RFA), 5
U.S.C. 601-612. The reason for this certification is that this
amendment would not directly affect any small entities. Only VA
beneficiaries could 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.
The Catalog of Federal Domestic Assistance program numbers are
64.104 and 64.109.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Handicapped, Health
care, Pensions, Veterans.
Approved: January 31, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 3 is amended
as set forth below:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
1. The authority citation for part 3, subpart A, continues to read
as follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
2. In Sec. 3.309, paragraph (d)(2)(xv), add a note at the end to
read as follows:
Sec. 3.309 Disease subject to presumptive service connection.
* * * * *
(d) * * *
(2) * * *
(xv) Cancer of the urinary tract.
Note: For the purposes of this section, the term ``urinary
tract'' means the kidneys, renal pelves, ureters, urinary bladder,
and urethra.
* * * * *
[FR Doc. 94-11759 Filed 5-13-94; 8:45 am]
BILLING CODE 8320-01-P
