[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Proposed Rules]
[Pages 33878-33879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16643]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 1
RIN 2900-AI33
Rulemaking procedures; Public Participation
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: In a document recently published in the Federal Register (61
FR 11309), the Department of Veterans Affairs (VA) amended the
``GENERAL PROVISIONS'' regulations by eliminating a policy statement
concerning prior notice-and-comment for rulemaking. That action, taken
without prior notice-and-comment, concluded that the policy statement
was unnecessary. Judicial review has been sought on the basis that such
action did not comply with notice-and-comment provisions. While we
believe such position is not legally correct, we do not object to
providing interested parties with an opportunity to comment on whether
the policy statement should be eliminated. Accordingly, a companion
document published in the Rules and Regulations section of this issue
of the Federal Register reestablishes the policy statement and this
document proposes to eliminate it, thus affording interested parties
the opportunity to comment thereon. For reasons stated below, it does
not appear that there is a need to retain the policy statement.
DATES: Comments must be received on or before August 30, 1996.
ADDRESSES: Mail or hand deliver written comments to: Director, Office
of Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should
indicate that they are submitted in response to ``RIN 2900-AI33.'' All
written comments will be available for public inspection at the above
address in the Office of Regulations Management, Room 1158, between the
hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except
holidays).
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 document proposes to amend the
``GENERAL PROVISIONS'' regulations in 38 CFR part 1 by removing
Sec. 1.12.
[[Page 33879]]
This section consists of a policy statement concerning prior notice-
and-comment for rulemaking.
The provisions of 5 U.S.C. 553 set forth notice-and-comment
requirements for rulemaking and include an exemption from the notice-
and-comment requirements for rulemaking concerning public property,
loans, grants, benefits, or contracts. Regardless of whether the
rulemaking concerns public property, loans, grants, benefits, or
contracts, the provisions of 5 U.S.C. 553 also contain exemptions from
the notice-and-comment requirements for interpretative rules; general
statements of policy; rules of organization, procedure, or practice;
and for rules published with an appropriate statement of ``good
cause.'' The regulatory history of Sec. 1.12 indicates that, despite
the statutory exemption for public property, loans, grants, benefits,
or contracts, VA intended to utilize the notice-and-comment provisions
for rulemaking unless it were determined that it was appropriate to use
an applicable exemption other than an exemption based on the mere fact
that the subject matter concerned 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 apply 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 do not
impose notice-and-comment provisions for rulemaking concerning public
property or contracts.
Also, subsequent to the promulgation of Sec. 1.12, statutory
provisions were established that specifically apply notice-and-comment
provisions to certain rulemaking concerning contracts. In this regard,
41 U.S.C. 418b provides, with certain exceptions, that ``no procurement
policy, regulation, procedure, or form (including amendments or
modifications thereto) relating to the expenditure of appropriated
funds that has (1) a significant effect beyond the internal operating
procedures of the agency issuing the procurement policy, regulation,
procedure or form, or (2) a significant cost or administrative impact
on contractors or offerors, may take effect until 60 days after the
procurement policy, regulation, procedure, or form is published for
public comment in the Federal Register.''
It does not appear that there is a need for VA to self-impose
additional notice-and-comment requirements for rulemaking beyond those
imposed by statute.
A companion document reestablishing Sec. 1.12 is published in the
Rules and Regulations section of this issue of the Federal Register.
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
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. The adoption of the proposed rule would 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 proposed
to be 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.
Sec. 1.12 [Removed]
Section 1.12 and the undesignated center heading preceding
Sec. 1.12 are removed.
[FR Doc. 96-16643 Filed 6-28-96; 8:45 am]
BILLING CODE 8320-01-P
