[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Rules and Regulations]
[Pages 46331-46333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11715]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 2
RIN 2900-AS09
Update to Delegations of Authority to Certain Officials
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulation governing the Secretary's delegations of authority to
reflect relevant nomenclature changes to the names of positions and
groups within the Office of General Counsel.
DATES: This rule is effective May 29, 2024.
FOR FURTHER INFORMATION CONTACT: Michael Gibbs, Executive Director,
Management, Planning, and Analysis, Office of General Counsel (026),
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC
20420, (202) 461-4995. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: Title 38 of the Code of Federal Regulations,
chapter I, part 2 governs Delegations of Authority and includes 38 CFR
2.6 ``Secretary's delegations of authority to certain officials (38
U.S.C. 512).'' Paragraph (e) of this regulation governs delegations of
authority to certain officials within the Office of General Counsel and
is amended to reflect changes to the names of certain Office of General
Counsel offices and positions, including Chief Counsels, and law
groups, including the Revenue Law Group and the Torts Law Group.
Administrative Procedure Act
This final rule is a rule of agency procedure and practice that
does not impose new rights, duties, or obligations on affected
individuals but, rather, explains that the Secretary delegates
authority to certain employees occupying or acting in positions
designated in the regulation and identifies the ways in which those
employees are authorized to act on behalf of the Agency. Therefore, it
is exempt from the prior notice-and-comment and delayed-effective-date
requirements of 5 U.S.C. 553. See 5 U.S.C. 553(b)(A) and (d)(3). This
rule merely updates information regarding the delegation of authority
for Office of General Counsel officials, the employees who may serve in
those roles, and the names of certain offices and positions in the
Office of General Counsel.
Paperwork Reduction Act
This final rule 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 analyses 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 final
[[Page 46332]]
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act. This rule will affect only: (1) Office of General
Counsel employees who are identified as officials who have been
delegated authority under the regulation, and (2) VA employees seeking
decisions or actions from those Office of General Counsel officials who
have been delegated authority to act on behalf of the Agency as
described in the regulation. 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.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
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. Executive Order 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rulemaking is not a significant regulatory action under Executive Order
12866, as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at www.regulations.gov.
Congressional Review Act
Pursuant to subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not satisfying the criteria under 5 U.S.C.
804(2).
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 the 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 one year. This final rule will have no such effect on
State, local, and Tribal governments, or on the private sector.
List of Subjects in 38 CFR Part 2
Authority delegations (Government agencies).
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on May 20, 2024, 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.
Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, the Department of Veterans
Affairs amends 38 CFR part 2 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 revising paragraphs (e)(1) through (3), (e)(4)
introductory text, and (e)(5) through (11) to read as follows:
Sec. 2.6 Secretary's delegations of authority to certain officials
(38 U.S.C. 512).
* * * * *
(e) * * *
(1) The General Counsel is delegated authority to serve as the
Regulatory Policy Officer for the Department in accordance with
Executive Order 12866. The General Counsel, the Principal Deputy
General Counsel, the Deputy General Counsels, and the Director of the
Office of Regulation Policy and Management are delegated authority to
manage, direct, and coordinate the Department's rulemaking activities,
including the revision and reorganization of regulations, and to
perform all functions necessary or appropriate under Executive Order
12866 and other rulemaking requirements.
(Authority: 38 U.S.C. 501, 512)
(2) Under the provisions of 38 U.S.C. 515(b), the General Counsel,
the Principal Deputy General Counsel, the Deputy General Counsel for
Legal Operations, the Chief Counsel, Torts Law Group, or those
authorized to act for them, are authorized to consider, ascertain,
adjust, determine, and settle tort claims cognizable thereunder and to
execute an appropriate voucher and other necessary instruments in
connection with the final disposition of such claims.
(3) Under the provisions of ``The Federal Medical Care Recovery
Act,'' 42 U.S.C. 2651, et seq. (as implemented by 28 CFR part 43),
authority is delegated to the General Counsel, the Principal Deputy
General Counsel, the Deputy General Counsel for General Law, and Chief
Counsel, Revenue Law Group, or those authorized to act for them, to
collect in full, compromise, settle, or waive any claim and execute the
release thereof; however, claims in excess of $100,000 may be
compromised, settled, or waived only with the prior approval of the
Department of Justice.
(4) Under the Federal Claims Collection Act of 1966, 31 U.S.C.
3711, et seq., authority is delegated to the General Counsel, the
Principal Deputy General Counsel, the Deputy General Counsel for
General Law and Chief Counsel, Revenue Law Group, or those authorized
to act for them, to:
* * * * *
(5) Pursuant to the provisions of the Military Personnel and
Civilian Employees' Claim Act of 1964, 31 U.S.C. 3721, as amended, the
General Counsel, the Principal Deputy General Counsel, the Deputy
General Counsel for Legal Operations and Chief Counsel, Torts Law
Group, or those authorized to act for them, are authorized to settle
and pay a claim for not more than $40,000 made by a civilian officer or
employee of the Department of Veterans Affairs for damage to, or loss
of, personal property incident to his or her service. (Pub. L. 97-226)
(6) Under the provisions of 38 U.S.C. 7316(e), authority is
delegated to the General Counsel, the Principal Deputy General Counsel,
the Deputy General Counsel for Legal Operations, the Chief Counsel,
Torts Law Group, to hold harmless or provide liability insurance for
any person to whom the immunity provisions of section 7316 apply, for
damage for personal injury or death, or for property damage,
negligently caused by such person while furnishing medical care or
treatment in the exercise
[[Page 46333]]
of his or her duties in or for the Veterans Health Administration, if
such person is assigned to a foreign country, detailed to State or
political division thereof, or is acting under any other circumstances
which would preclude the remedies of an injured third person against
the United States, provided by sections 1346(b) and 2672 of title 28,
United States Code, for such damage or injury.
(7) The General Counsel, the Principal Deputy General Counsel, the
Deputy General Counsels and those authorized to act for them, are
authorized to conduct investigations, examine witnesses, take
affidavits, administer oaths and affirmations, and certify copies of
public or private documents on all matters within the jurisdiction of
the General Counsel.
(8) The General Counsel or the Principal Deputy General Counsel,
acting as or for the General Counsel, is authorized to designate, in
accordance with established standards, those legal opinions of the
General Counsel which will be considered precedent opinions involving
veterans' benefits under laws administered by the Department of
Veterans Affairs.
(Authority: 38 U.S.C. 501, 512)
(9) Under the provisions of 38 U.S.C. 1729(c)(1), authority is
delegated to the General Counsel, the Principal Deputy General Counsel,
the Deputy General Counsel for General Law, the Chief Counsel, Revenue
Law Group, or those authorized to act for them, to collect in full,
compromise, settle, or waive any claim and execute the release thereof.
(Authority: 31 U.S.C. 3711(a)(2); 38 U.S.C. 501, 512).
(10) Except as prescribed in paragraph (g)(3) of this section, the
General Counsel, the Principal Deputy General Counsel, the Deputy
General Counsel for General Law, and the Chief Counsel, Information and
Administrative Law Group, are authorized to make final Departmental
decisions on appeals under the Freedom of Information Act, the Privacy
Act, and 38 U.S.C. 5701, 5705 and 7332.
(Authority: 38 U.S.C. 512)
(11) All authority delegated in this paragraph to Chief Counsels
will be exercised by them under the supervision of and in accordance
with instructions issued by the General Counsel.
* * * * *
[FR Doc. 2024-11715 Filed 5-28-24; 8:45 am]
BILLING CODE 8320-01-P