[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11151-11152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03328]


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

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 14

RIN 2900-AP51


Recognition of Tribal Organizations for Representation of VA 
Claimants; Delay of Effective Date

AGENCY: Department of Veterans Affairs.

ACTION: Final rule; delay of effective date.

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

SUMMARY: In accordance with the memorandum of January 20, 2017, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Freeze Pending Review,'' this action delays the effective 
date of the final rule (``Recognition of Tribal Organizations for 
Representation of VA Claimants'') published January 19, 2017, from 
February 21, 2017, until March 21, 2017.

DATES: The effective date of the rule that published on January 19, 
2017, at 82 FR 6265, is delayed until March 21, 2017.

FOR FURTHER INFORMATION CONTACT: Brandon A. Jonas, Staff Attorney, 
Benefits Law Group, Office of the General Counsel, (022D), Department 
of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, 
(202) 461-7699. (This is not a toll free number.)

SUPPLEMENTARY INFORMATION: On January 19, 2017, the Department of 
Veterans Affairs (VA) issued a final rule amending its regulations 
concerning recognition of certain national, State, and regional or 
local organizations for purposes of VA claims representation. 
Specifically, the rulemaking allows the Secretary to recognize tribal 
organizations in a similar manner as the Secretary recognizes State 
organizations. The final rule allows a tribal organization that is 
established and funded by one or more tribal governments to be 
recognized for the purpose of providing assistance on VA benefit 
claims. In addition, the rulemaking allows an employee of a tribal 
government to become accredited through a recognized State organization 
in a similar manner as a County

[[Page 11152]]

Veterans' Service Officer (CVSO) may become accredited through a 
recognized State organization. The rule was published with an effective 
date of February 21, 2017.
    VA bases this action on the memorandum of January 20, 2017 (82 FR 
8346), from the Assistant to the President and Chief of Staff, entitled 
``Regulatory Freeze Pending Review'' (White House memorandum). That 
memorandum directed the heads of Executive Departments and Agencies to 
temporarily postpone for 60 days from the date of the memorandum the 
effective dates of all regulations that had been published in the 
Federal Register but had not yet taken effect, for the purpose of 
``reviewing questions of fact, law, and policy they raise.'' VA, 
therefore, is revising the effective date of the rule that published on 
January 19, 2017 (82 FR 6265), to March 21, 2017.
    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, VA's implementation 
of this action without opportunity for public comment, effective 
immediately upon publication today in the Federal Register, is based on 
the good cause exceptions in 5 U.S.C. 553(b)(B) and (d)(3). Seeking 
public comment is impracticable, unnecessary, and contrary to the 
public interest. The temporary delay in the effective date until March 
21, 2017, is necessary to give VA officials the opportunity for further 
review and consideration of the new regulation, consistent with the 
White House memorandum. Given the imminence of the effective date, the 
brief length of the extension, and the public's full opportunity to 
comment prior to the publishing of the final rule, seeking public 
comment on this temporary delay would have been impracticable, as well 
as contrary to the public interest in the orderly promulgation and 
implementation of regulations. VA also believes that further delay, 
beyond what is required by the White House memorandum, would cause 
undue inconvenience to the affected entities.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on February 15, 2017, for publication.

    Approved: February 15, 2017.
Jeffrey Martin,
Office Program Manager, Office of Regulation Policy & Management, 
Office of the Secretary, Department of Veterans Affairs.
[FR Doc. 2017-03328 Filed 2-17-17; 8:45 am]
 BILLING CODE 8320-01-P