[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Rules and Regulations]
[Pages 34394-34395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12058]


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

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 2

RIN 2900-AM66


Delegations of Authority: Office of Regulation Policy and 
Management (ORPM)

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: This document amends the Department of Veterans Affairs 
regulation containing delegations of authority to the Assistant to the 
Secretary for Regulation Policy and Management. The amendments are 
intended to reflect changes in delegations of authority and to comply 
with Executive Order 12866 as recently amended, which requires that the 
position of Regulatory Policy Officer in each agency be filled by a 
Presidential Appointee.

DATES: Effective Date: June 22, 2007.

FOR FURTHER INFORMATION CONTACT: Robert C. McFetridge, Assistant to the 
Secretary for Regulation Policy and Management (00REG), Department of 
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, 
telephone (202) 273-9215.

SUPPLEMENTARY INFORMATION: The Office of Regulation Policy and 
Management (ORPM) provides centralized management and coordination of 
the rulemaking process in the Department of Veterans Affairs (VA). The 
office is led by the Assistant to the Secretary for Regulation Policy 
and Management (ASRPM). This final rule amends the delegations of 
authority at 38 CFR 2.6(l) for the ASRPM.
    On January 18, 2007, the President signed Executive Order 13422, 
Further Amendment to Executive Order 12866 on Regulatory Planning and 
Review (72 FR 2763, Jan. 23, 2007). Under section 6(a)(2) of Executive 
Order 12866 as amended, each agency head was required, within 60 days 
of the amendment, to designate one of the agency's Presidential 
Appointees to the position of Regulatory Policy Officer. The Secretary 
of Veterans Affairs timely designated the Deputy Secretary of Veterans 
Affairs as VA's Regulatory Policy Officer, a position previously 
delegated in 38 CFR 2.6(l)(3) to the ASRPM, who is not a Presidential 
Appointee. As this final rule provides, the ASRPM has been delegated 
authority to serve as the Deputy Regulatory Policy Officer.
    The Regulatory Policy Officer is required under section 6(a)(2) of 
Executive Order 12866 to be involved in each stage of the regulatory 
process to foster the development of effective, innovative, and least 
burdensome regulations and to further the principles set forth in the 
Executive Order. As amended, Executive Order 12866 also requires, in 
new section 9, that each agency take such steps as are necessary for 
its Regulatory Policy Officer to ensure the agency's compliance with 
that section's requirements concerning advance notification of 
significant guidance documents to the Office of Management and Budget's 
Office of Information and Regulatory Affairs.
    This final rule amends the delegations of authority for the ASRPM 
at Sec.  2.6(l) in accordance with recent delegations of authority by 
the Secretary concerning rulemaking and significant guidance documents. 
As amended, Sec.  2.6(l)(3) reflects that the ASRPM has been delegated 
authority to serve as the Deputy Regulatory Policy Officer, to perform 
staff functions under the Department's Regulatory Policy Officer, and 
to perform other delegated functions in accordance with Executive Order 
12866.

Administrative Procedure Act

    This document's publication as a final rule with no delay in its 
effective date is pursuant to 5 U.S.C. 553, which exempts matters 
pertaining to agency organization and internal agency management from 
its notice-and-comment and delayed effective date requirements.

Executive Order 12866

    Under the exemption in section 3(d)(3) of Executive Order 12866 for 
regulations limited to agency organization, management, or personnel 
matters, this document is not subject to the Executive Order's review 
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 expenditure by 
State, local, and 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 will have no such effect on 
State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act of 1995

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Regulatory Flexibility Act

    The initial and final regulatory flexibility analysis requirements 
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 
601-612, are not applicable to this rule, because a notice of proposed 
rulemaking is not required for this rule. Even so, the Secretary hereby 
certifies that this regulatory amendment will not have a

[[Page 34395]]

significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act. This amendment 
will not directly affect any small entities. Therefore, this amendment 
is also exempt pursuant to 5 U.S.C. 605(b) from the initial and final 
regulatory flexibility analysis requirements of sections 603-604.

Catalog of Federal Domestic Assistance

    There are no Catalog of Federal Domestic Assistance program numbers 
for this rule.

List of Subjects in 38 CFR Part 2

    Authority delegations (Government agencies).

    Approved: June 15, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

0
For the reasons set forth in the preamble, 38 CFR part 2 is amended as 
follows:

PART 2--DELEGATIONS OF AUTHORITY

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 5 U.S.C. 302, 552a; 38 U.S.C. 501, 512, 515, 1729, 
1729A, 5711; 44 U.S.C. 3702, and as noted in specific sections.


0
2. Amend Sec.  2.6 by:
0
a. In paragraph (l)(1), removing ``Secretary'' and adding, in its 
place, ``Secretary, the Deputy Secretary,''.
0
b. Revising paragraph (l)(3).
    The revision reads as follows:


Sec.  2.6  Secretary's delegations of authority to certain officials 
(38 U.S.C. 512).

* * * * *
    (l) * * *
    (3) To serve as the Deputy Regulatory Policy Officer, to perform 
staff functions under the Regulatory Policy Officer, and to perform 
other delegated functions in accordance with Executive Order 12866.
* * * * *258
 [FR Doc. E7-12058 Filed 6-21-07; 8:45 am]
BILLING CODE 8320-01-P