[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Proposed Rules]
[Pages 44095-44096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21135]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AK03


State Department as Agent of Department of Veterans Affairs

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Department of Veterans 
Affairs (VA) regulation that authorizes diplomatic and consular 
officers of the State Department to act as agents of VA. The intended 
effect of this amendment is to present the existing regulation in 
``plain language''.

DATES: Comments must be received on or before October 22, 2001.

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; or fax comments to 
(202) 273-9289; or e-mail comments to [email protected]. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AK03''. All comments received 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: Bob White, Team Leader, Plain Language 
Regulations Project, Veterans Benefits Administration, 810 Vermont 
Avenue, NW, Washington, DC 20420. Telephone: 202/273-7228 (this is not 
a toll-free number).

SUPPLEMENTARY INFORMATION: VA proposes to rewrite 38 CFR 3.108 in plain 
language. This regulation authorizes diplomatic and consular officers 
of the State Department to act as agents of VA. It is currently located 
in

[[Page 44096]]

Subpart A of Part 3. We propose to create a new Sec. 3.2125 to restate 
the current regulation. The proposed section would be located in 
Subpart D, Universal Adjudication Rules That Apply to Benefit Claims 
Governed by Part 3 of This Title.
    Paragraph (a) of proposed Sec. 3.2125 would authorize State 
Department diplomatic and consular officers to accept informal and 
formal claims filed in a foreign country. It would also authorize them 
to accept evidence submitted in support of those claims. Paragraph (b) 
would provide that such claims and evidence will be considered to be 
filed with VA on the date they are received by a State Department 
officer. This restates the text currently found at 38 CFR 3.108. No 
substantive changes have been made.
    This rulemaking reflects VA's goal of making government more 
responsive, accessible, and comprehensible to the public. The Plain 
Language Regulations Project was developed as a long-term comprehensive 
project to reorganize and rewrite in plain language the adjudication 
regulations in Part 3 of Title 38, Code of Federal Regulations. This 
proposed rule is part of a series of proposed revisions to those 
regulations.

Unfunded Mandates

    The Unfunded Mandates Reform Act, Public Law 104-4, March 22, 1995, 
requires (in section 202) that agencies prepare an assessment of 
anticipated costs and benefits before developing any rule that may 
result in an expenditure by State, local, or tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any 
given year. This proposed rule will have no consequential effect on 
State, local, or tribal governments.

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 certifies that the adoption of 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, 5 
U.S.C. 601-612. The proposed rule will 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.

Catalog of Federal Domestic Assistance Program Numbers

    The Catalog of Federal Domestic Assistance program numbers for this 
document are 64.102, 64.104, 64.105, 64.109, 64.110, and 64.127.

List of Subjects in 38 CFR Part 3

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

    Approved: August 14, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.
    For the reasons set forth in the preamble, VA proposes to amend 38 
CFR Part 3 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. 3.108  [Removed]

    2. Section 3.108 is removed.

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

    3. The authority citation for Part 3, Subpart D continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.
    4. New Sec. 3.2125 is added under the undesignated center heading 
``GENERAL'' to read as follows:


Sec. 3.2125  How can I file a claim if I live outside of the United 
States?

    (a) Diplomatic and consular officers of the State Department are 
authorized to act as agents for the Department of Veterans Affairs 
(VA). Officers at U.S. Embassies and Consulates may accept formal and 
informal claims filed in foreign countries. They may also accept 
evidence submitted in support of those claims. (See 38 CFR 3.202.)
    (b) Claims and evidence are considered filed with VA on the date 
they are received by a State Department officer.

(Authority: 38 U.S.C. 5106)

[FR Doc. 01-21135 Filed 8-21-01; 8:45 am]
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