[Federal Register Volume 66, Number 67 (Friday, April 6, 2001)]
[Rules and Regulations]
[Pages 18194-18195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8491]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AK07


Signature by Mark

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulation that explains how a claimant can use a mark or 
a thumbprint in place of a signature. This amendment is necessary to 
present the existing regulation in plain language and to remove an 
obsolete manual provision from VA's Adjudication Procedural Manual, 
M21-1. This document also adds a new subpart D to part 3 along with a 
section setting forth the scope of applicability of subpart D.

DATES: Effective Date: April 6, 2001.

FOR FURTHER INFORMATION CONTACT: Candice Weaver, Consultant, Plain 
Language Regulations Project, or Bob White, Team Leader, Plain Language 
Regulations Project, Veterans Benefits Administration, 810 Vermont 
Avenue, NW., Washington, DC, 20420, telephone 202-273-7235 and 202-273-
7228 respectively.

SUPPLEMENTARY INFORMATION: VA published a proposal in the Federal 
Register on July 26, 2000 (65 FR 45952-53) to rewrite 38 CFR 3.113 in 
plain language. We proposed to create new Sec. 3.2130 to restate the 
current regulation and to remove the obsolete requirement in the 
Adjudication Procedure Manual that eligibility verification reports 
signed by mark or thumbprint be accompanied by a separate sheet of 
paper certifying that the information contained on the form is true and 
correct. Interested persons were invited to submit written comments on 
or before September 25, 2000. We received one comment from the National 
Service Director of the Disabled American Veterans.
    The comment suggested improving the proposed rule by permitting the 
acceptance of signatures on documents by mark or thumbprint when 
witnessed by accredited agents, attorneys, or service organization 
representatives. The commenter referred to VA's recently proposed 
amendment to 38 CFR 3.203 to authorize the acceptance of copies of 
military records certified as true and exact copies by claimants' 
representatives (65 FR 39580). This proposal was consistent with the 
partnership being developed between accredited representatives and VA 
for the purpose of improving claims processing. VA concurs with the 
commenter and has modified the proposed rule to reflect the comment. 
Proposed Sec. 3.2130 has been amended by redesignating proposed 
paragraphs (b) and (c) as paragraphs (c) and (d) respectively, and by 
adding a new paragraph (b) to read ``They are witnessed by an 
accredited agent, attorney, or service organization representative, 
or''.
    No comments were received with regard to the addition of subpart D 
or Sec. 3.2100 on the scope of applicability of subpart D.
    VA appreciates the comment submitted in response to the proposed 
rule which, based on the rationale set forth in the proposal and this 
document, is now adopted with the change explained above.

Executive Order 12866

    This final rule has been reviewed by the Office of Management and 
Budget under Executive Order 12866.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Regulatory Flexibility Act

    The Secretary hereby certifies that these final rules will not have 
a significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. The reason for this certification is that these final rules do not 
directly affect any small entities. Only VA beneficiaries are directly 
affected. Therefore, pursuant to 5 U.S.C. 605(b), these final rules are 
exempt from the initial and final regulatory flexibility analysis 
requirement of sections 603 and 604.

    The Catalog of Federal Domestic Assistance program numbers are 
64.100, 64.101, 64.104, 64.105, 64.109, 64.110, and 64.127.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedures, Claims, Disability 
benefits, Health care, Pensions, Veterans, Vietnam.

    Approved: February 15, 2001.
Anthony J. Principi,
Acting Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 3 is amended 
as follows:

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.


Sec. 3.113  [Removed]

    2. Section 3.113 is removed.

Subpart C--[Reserved]

    3. Subpart C is added and reserved.

[[Page 18195]]


    4. A new subpart D is added to read as follows:

Subpart D--Universal Adjudication Rules That Apply to Benefit 
Claims Governed by Part 3 of This Title

General

Sec.
3.2100  Scope of Applicability.
3.2130  Will VA accept a signature by mark or thumbprint?

Subpart D--Universal Adjudication Rules That Apply to Benefit 
Claims Governed by Part 3 of This Title

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

General

    5. Section 3.2100 is added to read as follows:


Sec. 3.2100  Scope of Applicability.

    Unless otherwise specified, the provisions of this subpart apply 
only to claims governed by part 3 of this title.

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


    6. Section 3.2130 is added to read as follows:


Sec. 3.2130  Will VA accept a signature by mark or thumbprint?

    VA will accept signatures by mark or thumbprint if:
    (a) They are witnessed by two people who sign their names and give 
their addresses, or
    (b) They are witnessed by an accredited agent, attorney, or service 
organization representative, or
    (c) They are certified by a notary public or any other person 
having the authority to administer oaths for general purposes, or
    (d) They are certified by a VA employee who has been delegated 
authority by the Secretary under 38 CFR 2.3.

(Authority: 38 U.S.C. 5101).

[FR Doc. 01-8491 Filed 4-5-01; 8:45 am]
BILLING CODE 8320-01-U