[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60770-60771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23911]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 1

RIN 2900-AR39


Release of Information From Department of Veterans Affairs' 
Records

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs' (VA) 
regulations governing the submission and processing of requests for 
information under the Freedom of Information Act (FOIA).

DATES: This rule is effective December 6, 2021.

FOR FURTHER INFORMATION CONTACT: Catherine Nachmann, Attorney, Office 
of General Counsel (024), Department of Veterans Affairs, 810 Vermont 
Avenue NW, Washington, DC 20420, (202) 461-7742 (this is not a toll-
free number).

SUPPLEMENTARY INFORMATION: On April 1, 2019, VA published a final rule 
in the Federal Register [84 FR 12122]. The final rule amended VA's 
regulations pertaining to release of information under 5 U.S.C. 552 and 
implementation of the FOIA, codified at 38 CFR 1.550 through 1.562, and 
implemented amendments in the FOIA Improvement Act of 2016, Public Law 
114-185, and those governing release of information from claimant 
records protected under the Privacy Act of 1974, namely 38 CFR 1.577(c) 
and (e) and 1.580. VA also amended the regulations to clarify sections 
as needed and streamline VA processes regarding release of information.
    VA is now revising its regulation at 38 CFR 1.552, General 
Provisions, to change VA FOIA Service's website address. A Notice of 
Proposed Rulemaking is not required because no substantive changes are 
being proposed.

Paperwork Reduction Act

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

Regulatory Flexibility Act

    The Secretary of Veterans Affairs 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. The provisions of this rulemaking 
only involve internal agency processes and no entities outside of VA. 
This final rule does not concern fees. Therefore, pursuant to 5 U.S.C. 
605(b), the initial and final regulatory flexibility analysis 
requirements of 5 U.S.C. 603 and 604 do not apply.

Administrative Procedure Act

    The Secretary of Veterans Affairs finds that there is good cause 
under the provisions of 5 U.S.C. 553(b)(B) to publish this rule without 
prior opportunity for public comment. Publication as a final rule will 
allow individuals who want to access VA FOIA Service's website to do so 
without delay or the additional effort required to access another 
website address after redirection. Delay in updating the address would 
be contrary to the public interest because currently, individuals who 
seek information about VA's FOIA program are directed to a non-
functioning website. To facilitate public access to such information, 
VA is issuing this rule as a final rule without a comment period.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
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 effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
The Office of Information and Regulatory Affairs has determined that 
this rule is not a significant regulatory action under Executive Order 
12866. The Regulatory Impact Analysis associated with this rulemaking 
can be found as a supporting document at www.regulations.gov.

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, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any year. This final rule would have no such effect on 
state, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    There is no Catalog of Federal Domestic Assistance number for the 
program affected by this final rule.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2).

List of Subjects in 38 CFR Part 1

    Administrative Practice and Procedure, Archives and Records, 
Cemeteries, Claims, Courts, Crime, Flags, Freedom of information, 
Government Contracts, Government Employees, Government Property,

[[Page 60771]]

Infants and Children, Inventions and Patents, Parking, Penalties, 
Privacy, Reporting and Recordkeeping Requirements, Seals and Insignia, 
Security Measures, and Wages.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on October 26, 2021, 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.

Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy & 
Management, Office of General Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, VA amends 38 CFR part 1 as 
follows:

PART 1--GENERAL PROVISIONS

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

    Authority:  38 U.S.C. 501(a).


0
2. In Sec.  1.552, revise paragraph (a) to read as follows.


Sec.  1.552  General provisions.

* * * * *
    (a) Additional information. Information regarding VA's FOIA and 
Privacy Act process generally, including how to file FOIA requests, and 
information made available by VA under the FOIA, is available at the 
following internet address: https://www.va.gov/foia.
* * * * *
[FR Doc. 2021-23911 Filed 11-3-21; 8:45 am]
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