[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