[Federal Register Volume 71, Number 68 (Monday, April 10, 2006)]
[Rules and Regulations]
[Pages 18008-18010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3413]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 20

RIN 2900-AM31


Board of Veterans' Appeals: Rules of Practice: Public 
Availability of Board Decisions

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending the Board 
of Veterans' Appeals (Board) Rules of Practice as relates to public 
availability of Board decisions, to set forth the current methods for 
archiving and retrieving Board decisions for public use. Due to 
advances in technology, Board decisions issued on or after January 1, 
1992, are currently available in redacted form for public inspection 
and copying on Web sites that are accessible through the Internet. This 
is an improvement from the past practice

[[Page 18009]]

of archiving Board decisions in microfiche form with an accompanying 
index to facilitate public access to the decisions.

DATES: Effective Date: April 10, 2006.

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.

SUPPLEMENTARY INFORMATION: The Board is an administrative body that 
decides appeals from denials by agencies of original jurisdiction of 
claims for veterans' benefits, as well as occasional cases of original 
jurisdiction. The Freedom of Information Act (FOIA) requires federal 
agencies to make available for public inspection and copying final 
opinions made in the adjudication of cases. 38 U.S.C. 552(a)(2)(A).
    The regulation in effect until April 10, 2006 provided a system for 
indexing Board decisions to facilitate access to the contents of the 
decisions. The index (BVA Index I-01-1) was published quarterly in 
microfiche form with an annual cumulation, and was made available to 
the public for review at VA offices around the country. However, 
technological advances in information management rendered this system 
obsolete. In fact, the Board has not indexed Board decisions in 
microfiche form for many years.
    Currently, redacted Board decisions (i.e., decisions in which all 
personal identifiers except the Board-assigned docket number are 
removed) issued on or after January 1, 1992, are accessible to the 
public for inspection and copying on the Internet at http://www.index.va.gov/search/va/bva.html, as well as some commercial Web 
sites. The former indexing system for Board decisions was upgraded and 
replaced by a comprehensive word-searching system, by which the public 
may identify particular decisions issued. Redacted Board decisions are 
also available for public inspection and copying in the Board's 
Research Center.
    In light of these improvements, we are revising Rule 1301(b) (38 
CFR 20.1301(b)) of the Board's Rules of Practice to reflect current 
practice and procedure, and to allow flexibility in implementing future 
advances in technology and information management when necessary. We 
are adding a new section, designated as 38 CFR 20.1301(b)(1), which 
sets forth a general description of how the Board will fulfill its 
responsibility under FOIA to make available for public inspection and 
copying final opinions made in the adjudication of cases. Section 
20.1301(b)(1) is crafted in general terms to encompass future advances 
in technology and information management, while setting forth the 
principles of popular accessibility and availability for public 
inspection and copying, as required by FOIA.
    We are also revising some of the existing language in section 
20.1301(b) to clarify that Board decisions issued prior to January 1, 
1992, are archived and indexed in microfiche form. This section is 
designated as 38 CFR 20.1301(b)(2) and sets forth details regarding the 
indexing methods that are used to retrieve Board decisions issued prior 
to January 1, 1992. The regulation in effect until April 10, 2006 
provided the address of a private company that previously prepared and 
maintained the BVA Index I-01-1. We removed this name and address and, 
as an alternative, direct the public to contact the Board's Research 
Center for further information on obtaining a copy of the index.

Administrative Procedure Act

    This final rule concerns agency organization, procedure or practice 
and, pursuant to 5 U.S.C. 553, is exempt from notice and comment and 
delayed effective date requirements.

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 issuing 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 (adjusted annually for 
inflation) in any given year. This rule would have no such effect on 
State, local, or tribal governments, or the private sector.

Executive Order 12866

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Order 
classifies a rule as a significant regulatory action requiring review 
by the Office of Management and Budget if it meets any one of a number 
of specified conditions, including: having an annual affect on the 
economy of $100 million or more, creating a serious inconsistency or 
interfering with an action of another agency, materially altering the 
budgetary impact of entitlements or the rights of entitlement 
recipients, or raising novel legal or policy issues. VA has examined 
the economic, legal, and policy implications of this final rule and has 
concluded that it is not a significant regulatory action under 
Executive Order 12866.

Paperwork Reduction Act

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

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule 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. This rule will affect VA beneficiaries and will not affect small 
businesses. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is 
exempt from the initial and final regulatory flexibility analyses 
requirement of sections 603 and 604.

Catalog of Federal Domestic Assistance Numbers

    There is no Catalog of Federal Domestic Assistance number for this 
proposed rule.

List of Subjects in 38 CFR Part 20

    Administrative practice and procedure, Veterans.

    Approved: March 9, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

0
For the reasons stated in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 20 as follows:

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

0
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.


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2. In Sec.  20.1301, revise paragraph (b) to read as follows:


Sec.  20.1301  Rule 1301. Disclosure of information.

* * * * *
    (b) Public availability of Board decisions. (1) Decisions issued on 
or after January 1, 1992. Decisions rendered by the Board of Veterans' 
Appeals on or after January 1, 1992, are electronically available for 
public inspection and copying on the Internet at http://www.index.va.gov/search/va/bva.html. All personal identifiers are 
redacted from the decisions prior to publication. Specific decisions 
may be

[[Page 18010]]

identified by a word and/or topic search, or by the Board docket 
number. Board decisions will continue to be provided in a widely-used 
format as future advances in technology occur.
    (2) Decisions issued prior to January 1, 1992. Decisions rendered 
by the Board of Veterans' Appeals prior to January 1, 1992, have been 
indexed to facilitate access to the contents of the decisions (BVA 
Index I-01-1). The index, which was published quarterly in microfiche 
form with an annual cumulation, is available for review at Department 
of Veterans Affairs regional offices and at the Research Center at the 
Board of Veterans' Appeals in Washington, DC. Information on obtaining 
a microfiche copy of the index is also available from the Board's 
Research Center. The index can be used to locate citations to decisions 
with issues similar to those of concern to an appellant. Each indexed 
decision has a locator number assigned to it. The manner in which the 
locator number is written depends upon the age of the decision. 
Decisions archived prior to late 1989 have a number such as 82-07-0001. 
Decisions archived at a later date have a number such as BVA-90-12345. 
This number must be used when requesting a paper copy of that decision. 
These requests must be directed to the Research Center (01C1), Board of 
Veterans' Appeals, 810 Vermont Avenue, NW., Washington, DC 20420.

(Authority: 5 U.S.C. 552(a)(2), 38 U.S.C. 501(a))

[FR Doc. 06-3413 Filed 4-7-06; 8:45 am]
BILLING CODE 8320-01-P