[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Rules and Regulations]
[Pages 21068-21069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8880]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 20

RIN 2900-AL45


Board of Veterans' Appeals: Rules of Practice--Notice Procedures 
Relating to Withdrawal of Services by a Representative

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs' (VA) 
Board of Veterans' Appeals Rules of Practice to simplify notice 
procedures relating to withdrawal of services by a representative after 
certification of an appeal. We believe that these simplified notice 
procedures are adequate for establishing proof of service.

DATES: Effective Date: May 20, 2004.

FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Senior Deputy Vice 
Chairman, Board of Veterans' Appeals, Department of Veterans Affairs, 
810 Vermont Avenue, NW., Washington, DC 20420 (202-565-5978). In a 
document published in the Federal Register on June 3, 2003 (68 FR 
33040), we proposed amending Rule 608(b)(2) (38 CFR 20.608(b)(2)) to 
provide that, in cases involving a motion to withdraw services by a 
representative after certification of an appeal, proof of service will 
be accomplished by filing a statement with the Board of Veterans' 
Appeals (Board) certifying that the motion has been sent by first-class 
mail, postage prepaid, to the appellant or that the response has been 
sent by first-class mail, postage prepaid, to the representative, as 
applicable. The previous practice required mailing the motion, and any 
response to that motion, by certified mail. The purpose of this 
amendment is to shorten the time before the motion is ripe for 
determination by the Board, expediting the possibility of a transition, 
if appropriate, to a new representative.
    We asked interested parties to submit comments on or before August 
4, 2003. We received no comments. Based on the rationale noted above 
and as set forth in the proposed rule, we are adopting the proposed 
rule as a final rule without change.

[[Page 21069]]

Executive Order 12866

    The Office of Management and Budget has reviewed this document 
under Executive Order 12866.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, 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 final 
rule would have no such effect on State, local, or tribal governments, 
or the private sector.

Paperwork Reduction Act

    The Secretary hereby certifies that this final rule contains no new 
collection of information under the Paperwork Reduction Act (44 U.S.C. 
3501-3521).

Regulatory Flexibility Act

    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. This rule merely concerns requirements for proof of 
service of motions for withdrawal of services by a representative after 
certification of an appeal before the Board, and for proof of service 
of responses to such motions. Moreover, such motions and responses are 
events that occur in only a minor proportion of the cases before the 
Board. Any economic impact on small entities would be minimal. 
Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from 
the initial and final regulatory flexibility analysis requirements of 
sections 603 and 604.

List of Subjects in 38 CFR Part 20

    Administrative practice and procedure, Claims, Attorneys, Lawyers, 
Legal services, Procedural rules, Veterans.

    Approved: March 18, 2004.
Anthony J. Principi,
Secretary of Veterans Affairs.

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For the reasons set out in the preamble, 38 CFR part 20 is amended as 
set forth below:

PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE

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1. The authority citation for part 20 continues to read as follows:

    Authority: 38 U.S.C. 501(a) and as noted in specific sections.

Sec.  20.608  [Amended]

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2. Section 20.608, paragraph (b)(2) is amended by:
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A. In the third sentence, removing ``permitted.'' and adding, in its 
place, ``permitted, and a signed statement certifying that a copy of 
the motion was sent by first-class mail, postage prepaid, to the 
appellant, setting forth the address to which the copy was mailed.''
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B. Removing the sixth and seventh sentences.
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C. In the eighth sentence, removing ``motion.'' and adding, in its 
place, ``motion and must include a signed statement certifying that a 
copy of the response was sent by first-class mail, postage prepaid, to 
the representative, setting forth the address to which the copy was 
mailed.''
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D. Removing the ninth and tenth sentences.

[FR Doc. 04-8880 Filed 4-19-04; 8:45 am]
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